Shaw v. State

OPINION

MORRISON, Judge.

The offense is murder without malice; the punishment, five years.

In his sole ground of error, appellant complains of the failure of the trial court to give a requested charge that the jury find the appellant not guilty if they found that at the time appellant killed the deceased the deceased was taken in an act of adultery with the wife of the appellant and before the deceased and appellant’s wife had separated.

Appellant maintains that the evidence raised the defense of justifiable homicide under Article 1220, Vernon’s Ann.P.C.,1 necessitating an appropriate charge.

The…