Arcos v. State

ON MOTION FOR REHEARING.

HAWKINS, Judge.

— We discuss only one question urged in the motion for rehearing. The court did not in his charge define malice aforethought, nor tell the jury that punishment could not be assessed at more than five years unless the killing was upon malice aforethought. The trial judge was not apprised by any objection to the charge that appellant was complaining of such omission. Nevertheless appellant urges that this court ought to consider the omission because in Chapter 274, Acts 40th Leg. (1927) Regular Session, page 412, (Vernon’s Ann. P. C. of Texas, arts.…