Elsmore v. State

KRUEGER, Judge.

— Appellant was convicted of the offense of murder with malice, and his punishment was assessed at confinement in the state penitentiary for a term of twenty-five years.

Appellant earnestly contends that the court erred in failing to instruct the jury on the law of murder without malice and in refusing to submit his special requested instruction thereon. If the testimony raised the issue, he was entitled to such an instruction because under the law it is the duty of the court to instruct the jury on the law of every issue fairly raised by the evidence. In order to determine…