Sistrunk v. State

OPINION

ODOM, Judge.

This appeal is from a conviction for the offense of murder without malice. Punishment was assessed by the jury at five years.

Appellant contends that reversible error was committed by the failure of the trial court to charge the jury on the presumption created by Article 1223, Vernon’s Ann.P.C. Such Article states:

“When the homicide takes place to prevent murder, maiming, disfiguring or castration, if the weapon or means used by the party attempting or committing such murder, maiming, disfiguring or castration are such as would have been calculated to produce that result, it…