Williams v. State
Court of Appeals of Texas
Appeal from the District Court of Johnson. Tried below before the Hon. J. Abbott. The indictment charged the appellant with the murder of Joseph Robinson, by shooting him with a pistol, on the 20th of August, 1877. The jury found the appellant guilty of murder in the second degree, and assessed his punishment at' fourteen years in the penitentiary. In the opinion of the court will be found a clear recapitulation of all the material facts.
1Opinion of the CourtClark, J.
In a prosecution for murder, whenever the evidence may tend, by any legitimate deduction, to establish the fact that although the homicide was voluntary, yet it was committed under the immediate influence of sudden passion, arising from a serious personal conflict in which great injury was inflicted by the person killed, by means of weapons, or other instruments of violence, or bjr means of great superiority of personal strength, it is the duty of the court to instruct the jury as to the grade of manslaughter, t notwithstanding the person guilty of the homicide was the aggressor, provided…
2Cases cited4 opinions
- Lyles v. StateTexas Supreme Court · 1874
- Hudson v. StateTexas Supreme Court · 1874
- Maria v. StateTexas Supreme Court · 1866
- Lindsay v. StateTexas Supreme Court · 1872
3Cited by1 opinion
- Moore v. StateTexas Supreme Court · 1883