Mercer v. State

CHRISTIAN, Judge.

The offense is murder; the punishment confinement in the penitentiary for 35 years.

Appellant contends that the caption of Chapter 274, Acts of the Fortieth Legislature, defining murder and repealing the law of manslaughter, is insufficient in that no reference is made therein to Section 3-a of said act. Section 3-a of said act requires the court to define malice aforethought and apply such term by appropriate charge to the facts in the case, and further instruct the jury that unless under the facts and circumstances in evidence the jury believe that the defendant was prompted…