Jordan v. State

Robert Lee Jordan was convicted of the murder of Elmore Whitsett by shooting with a pistol, and, on recommendation of the jury finding him guilty, was sentenced to life imprisonment in the penitentiary. The exception is to a judgment refusing the defendant a new trial. The only special grounds of the motion for new trial complained, first, of the admission of certain evidence; and second, of the failure to charge Penal Code section 40, relating to “misfortune or accident” as a defense to a charge of murder. Other facts will sufficiently appear in this opinion.

*391One question was whether the…