Villareal v. State
Texas Supreme Court
Appeal from Bexar. Tried below before the Hon. Thomas. J. Devine. The appellant was indicted for the murder of one.Marcella Perez,, and was convicted of murder in the first degree- The difficulty between the defendant and the deceased occurred at the door of the house of the latter in the city of San Antonio. There was a conflict of testimony as to the circumstances immediately preceding-the homicide.
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Appeal from Bexar. Tried below before the Hon. Thomas. J. Devine. The appellant was indicted for the murder of one.Marcella Perez,, and was convicted of murder in the first degree- The difficulty between the defendant and the deceased occurred at the door of the house of the latter in the city of San Antonio. There was a conflict of testimony as to the circumstances immediately preceding-the homicide. Two members of deceased’s household testified that there was no provocation given by the deceased; while a neighbor, Juan .Rodriguez, deposed that the deceased and his wife were quarrelling with…
1Opinion of the CourtBell, J.
We are of opinion that, under the circumstances of this case, the court below did not instruct the jury with sufficient accuracy and distinctness as to the legal principles by which they were to be governed in coming to a conclusion upon the case. It is made the duty of the District Judge, in all cases of felony which" are tried before him, “ to deliver to the jury a written charge in which he shall distinctly set forth the law applicable to the case.” (Code of Criminal Procedure, art. 594.) In the present case the evidence was conflicting. The testimony of Juan Rodriguez differs Very…
2Cited by6 opinions
- Brown v. StateTexas Supreme Court · 1873
- Maria v. StateTexas Supreme Court · 1866
- Blake v. StateCourt of Appeals of Texas · 1878
- Babb v. StateCourt of Appeals of Texas · 1882
- Cesure v. StateCourt of Appeals of Texas · 1876
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