Eads v. State

HARPER, Judge.

Appellant was convicted of murder upon implied malice, and his punishment assessed at fifteen years confinement in the State penitentiary.

The court gave a very full and fair charge with one exception. The defendant testified to threats being communicated to him; two witnesses testified they had communicated the threats to defendant. The State did not concede that the threats had been made, but seriously contested that issue, and yet the court in his charge required the jury to find that the threats had been made, instructing them, “How if you shall find that the deceased had…