Jordan v. State
Texas Supreme Court
Appeal from Wood. Conviction of murder in the first degree. The facts are not important, not being- discussed either in the briefs of counsel or in the opinion of the court. The charge of the court below, so far as it was mate,rial, will be found in the opinion of the court. That portion of the charge which is characterized as irrelevant and immaterial by the opinion related to the distinction between murder and manslaughter.
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Appeal from Wood. Conviction of murder in the first degree. The facts are not important, not being- discussed either in the briefs of counsel or in the opinion of the court. The charge of the court below, so far as it was mate,rial, will be found in the opinion of the court. That portion of the charge which is characterized as irrelevant and immaterial by the opinion related to the distinction between murder and manslaughter. I. The charge of the court is confused, apparently if not really conflicting', and tended necessarily to mislead the jury. Most of the language may be found in the law…
1Opinion of the CourtWheeler, J.
Two grounds are relied on for reversing the judgmont. The first has reference to the charge of the court in defining the constituents of murder in the first degree; the second is the refusal of the court to grant a new trial.
After quoting the statutory definition of murder, the court proceeded to define and explain the necessary constituents of the crime at common law, and of the degrees of murder created by the statute, as follows:
“1st. The killing must be unlawful, without warrant, excuse, or provocation.
“2d. The killing must have been with malice aforethought. Malice, as essential to the…
2Cited by20 opinions
- Hicks v. StateCourt of Criminal Appeals of Texas · 1913
- Shaw v. StateTexas Supreme Court · 1865
- Glover v. StateCourt of Criminal Appeals of Texas · 1934
- Calyon v. StateCourt of Criminal Appeals of Texas · 1915
- Knox v. StateCourt of Criminal Appeals of Texas · 1929
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