¶1 (dissenting).—I think the evidence was sufficient to establish murder. Manslaughter was properly submitted, as well as aggravated and simple assault, and self-defense. A fair and *495 impartial jury of twelve men and the judge who heard all the evidence found him guilty of murder. Their verdict should stand. I can not consent to a reversal.
82 Tex. Crim. 489
200 S.W 158
Miles v. State
Court of Criminal Appeals of Texas
Decided January 16, 1918
Court of Criminal Appeals of Texas · decided 1918-01-16
<p>1. —Murder—Bills of Exception—Misconduct of Jury.</p> <p>Bills of exception preserving facts relating to testimony heard on motion for new trial must he filed during the term of court, otherwise they will not be considered on appeal. Following Black v. State, 41 Texas Crim. Rep., 185.</p> <p>2. —Same—Statement of Facts—Precedent.</p> <p>Where the assistant attorney general moved to strike out the statement of facts, hut the same was similar to one which the court considered on appeal, the motion to strike out is overrruled. Following Serop v. State, 69 Texas Crim. Rep., 399. '</p> <p>3. —Same—Murder—Manslaughter.</p> <p>Where, upon trial of murder, the court charged the jury on murder, self-defense, manslaughter, aggravated and simple assault, and appellant insisted that the issue of murder should not have been submitted, and the record on appeal showed that the homicide was in- a sudden quarrel, under circumstances sufficient to show adequate cause and to produce a state of mind, such as to reduce the homicide to manslaughter, held, that the issue of murder should not have been submitted. Prendergast, Judge, dissenting.</p>
Cited by 1 later decisions — most recently October 1918
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1918-01-16
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