Bereal v. State

LATTIMORE, Judge.

Appellant was convicted of murder in the District Court of McLennan County, and his punishment fixed at eight years’ confinement in the peintentiary.

In our view of this case, it must be reversed, because the trial court withdrew from the consideration of the jury, and instructed them not to consider a large amount of evidence introduced by the defense tending to show undue intimacy between the wife of appellant and the deceased prior to the homicide. It appears from the record that appellant was originally permitted to place this evidence before the jury upon his promise to…