Kirby v. State

DAVIDS OH, Presiding Judge.

Appellant was convicted for placing an obstruction on the railroad track. Exception was reserved to the charge because it submitted the issue of insanity. There was evidence introduced to show that appellant (a boy of'15 years of age) was of weak mind; that he was below the average in intellect. We do not believe that the evidence is of that cogency that authorized the court to submit this issue. Griffith v. State, 9 Texas Ct. Rep., 1029.

The charge is further criticised in that it fails to inform the jury that if they should find from the facts that other parties…