Collins v. State

LATTIMORE, Judge.

Conviction for murder; punishment, five years in the penitentiary.

This homicide took place prior to the taking effect of the Acts of the 40th Legislature changing the definition of murder. Upon the trial hereof and before announcement of ready, appellant in writing filed his application to be tried under the law as it is written after such change, basing his right to such election on Art. 13 P. C., which provides that when an offense is prescribed by one law and altered by a subsequent statute whose provisions ameliorate the penalty fixed by the former law, the accused shall…