Aberhart v. State

BLOODWORTH, Justice.

Petitioner, Johnnie C. Aberhart, was convicted of second-degree murder and sentenced to sixty years’ imprisonment in the penitentiary. The facts of the case are set out in the Court of Criminal Appeals’ decision which affirmed the conviction.

We granted certiorari to review petitioner’s claim of error in the Court of Criminal Appeals’ decision in holding that the trial judge did not err in refusing to give petitioner’s requested jury charge concerning the violent and bloodthirsty nature of the deceased.

The requested charge is, viz:

“The Court charges the jury that if they…