Legal Opinion

Montalvo v. State

Court of Criminal Appeals of Texas

Decided May 6, 1925No. 9422PublishedCited by 2 opinions

The opinion states the case.

1Opinion of the Court

HAWKINS, Judge. —

Conviction is for the murder of Remigio Garza. Punishment, 20 years in the penitentiary.

The record is before us without statement of facts or bills of exception. An objection was lodged to the charge because it omitted any instruction on the issue of manslaughter. Without knowing what facts were proven, we are unable to appraise this objection. The explanation of the learned trial judge why he did not charge on “manslaughter” is satisfactory, and will bind this court in the absence of a showing that his reasons are unsupported by the facts.

After adjournment of the term of…

2Cases cited1 opinion

  1. Ex Parte LozanoCourt of Criminal Appeals of Texas · 1920

3Cited by2 opinions

  1. Ex Parte BronsonCourt of Criminal Appeals of Texas · 1952
  2. Ex Parte BronsonCourt of Criminal Appeals of Texas · 1952

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