Davis v. State

Sweat Davis was indicted for the murder of Joe Moody by shooting with a shotgun. 'The jury returned a verdict of guilty, without any recommendation. The defendant’s motion for a new trial, based on the usual general grounds and several amended grounds, was overruled. Error was assigned on that judgment.

The first special ground of the motion for a new trial complains of the failure to charge the jury on the law of voluntary manslaughter, as expressed in the Penal Code, § 65. The basis alleged upon which to predicate such charge was in part a statement of the defendant before the jury, to the…