Clark v. State

The defendant relied upon his plea of not guilty and upon his alleged insanity at the time he killed the deceased. The State introduced evidence tending to establish his guilt and his sanity at the time of the commission of the homicide. He introduced no evidence. He made a statement which is fully set out in the preceding statement of facts. The court' charged to the jury section 5731 of the Civil Code, defining what constitutes the preponderance of evidence. In the first special ground of the motion for new trial the defendant complains that the court erred in failing to charge section…