This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1903 Excerpt: ...se.1f-defense; held, it was not necessary to charge manslaughter. McGrath v. S., 35 App. 413; 34 S. W. 941. 29. In murder in the second degree the state of mind is such as has been engendered without adequate cause. In manslaughter the state of mind is such as has been produced by adequate cause. Childs v. S., 35 App. ...
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1903 Excerpt: ...se.1f-defense; held, it was not necessary to charge manslaughter. McGrath v. S., 35 App. 413; 34 S. W. 941. 29. In murder in the second degree the state of mind is such as has been engendered without adequate cause. In manslaughter the state of mind is such as has been produced by adequate cause. Childs v. S., 35 App. 573; 34 S. W. 939. 30. On trial for murder, where there was a total want of provocation, there can not possibly be any manslaughter. Mitchell v. S., 36 App. 268; 36 S. W. 456. 31. The court instructed the jury that an insult to a female relative was adequate cause, and that if defendant killed deceased in sudden passion produced by such cause he would be guilty of manslaughter; held, suflicient. Price v. S., 36 App. 403; 37 App. 743. 32. Defendant offered to prove insulting language used by deceased towards defendant's female relatives, but did not oifer to show that such insults had been made known to him, and that the killing occurred at the first meeting thereafter; held, the evidence was properly excluded. Wright v. S., 36 App. 427. See also Hardcastle v. S., 36 App. 555; 38 S. W. 186. 33. When an oflicer is attempting to make an arrest unlawfully, the party has a right to resist the arrest and repel force by force, and if the oflicer uses violence and the party kills him, the homicide would be manslaughter. Mundine v. S., 37 App. 5. 34. Deceased called defendant a G---d d--n son of a bitch; held, the epithet was merely an insult to defendant and not in the nature of an insult to a female relative. (Following Graham v. S., 33 S. W. 537.) Fitzpatrick v. S., 37 App. 20; 38 S. W. 806. 35. Deceased accused defendant of insults towards his wife, and ordered him to leave the country; held, that this was not such provocation as would reduce the h...
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