Smith v. State

LATTIMORE, Judge.

Conviction for murder; punishment, thirty-five years in the penitentiary.

The record contains no bills of exception. There are a number of exceptions to the court’s charge. We find nothing in the very general exception to said charge as being on the weight of the evidence. The charge in the cited case of Best v. State, 58 Texas Crim. Rep., 327, appears altogether different from that herein given, as was also that in Meadow v. State, 94 Texas Crim. Rep., 608, also cited, in which we said that a shooting upon malice aforethought could neither be manslaughter nor in self-defense.…