Burton v. State

The killing took place in Lipscomb County on the 20th of July last. The venue was changed to Roberts County, and when tried appellant was adjudged guilty of murder and his punishment was assessed at seven years confinement in the State penitentiary.

There is but one serious question in the case — does the evidence raise the issue of manslaughter? The trial court seemed to think so, and submitted that issue to the jury, but if the evidence raises the issue the charge as given was not applicable to the facts in the case. He instructed the jury: "By the expression `under the immediate influence…