Stapp v. State

ON STATE’S MOTION FOR REHEARING.

HAWKINS, Presiding Judge.

It is the State’s contention that the effect of our original opinion is to read into our present murder statutes (Articles 1256, 1257b, 1257c, Vernon’s Ann. Texas P. C., Vol. 2,) “adequate cause” as a matter of law. It was not our intention to so do, nor do we think our opinion can reasonably be so construed.

Art. 1257c (Acts 42d Leg., page 94) reads as follows: “In all cases tried under the provisions of this Act it shall be the duty of the Court, where the facts present the issue of murder without malice, to instruct the jury that…