Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42. Page: 265
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1875.] FARBER V. THE STATE. 265
ant be kept in custody or held to bail, to await a warrant of
arrest from the proper court. (Pasehal's Digest, Articles 3055,
3056.) That the defendant should be acquitted because the
evidence as to the county boundaries does not establish the
jurisdiction beyond a reasonable doubt, does not seem within
the contemplation of the law. Nor do the decisions of this
court support the proposition. In Henderson v. State (12
Texas, 535), where a new trial was sought for the purpose of
proving the newly-discovered fact that the offense was not
committed within the county, the court say: " It is believed
"that there has been no instance of the grant of a new trial
"on such a ground as this." In another case, with the same
title (14 Texas, 503), sundry cases are cited, where, in cases of
forgery, slight evidence of the place where the offense was
committed, was held sufficient. And see Wharton's Criminal
Law, Section 601.
On another trial the question may not arise, and it is perhaps
unnecessary to dispose of it. We have not had the benefit of its
examination and discussion by counsel, and will only add, that
we are not at present prepared to hold that the law as to reasonable
doubt applies to the evidence that the offense was
committed within the jurisdiction of the court where it is
For the error in failing and refusing to instruct the jury on
the subject of accomplices, the judgment is reversed and the
Reversed and remanded.
JAMES FARRER v. THE STATE.
1. MURDER-EXPRESS MALICE. To constitute express malice, the act of killing
must not result from a mere sudden, rash, and immediate design,
springing from an inconsiderate impulse, passion, or excitement, however
unjustifiable or unwarranted it may be; in such case, the sedate, deliberate
mind is wanting, and without it there can be no express malice
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42., book, 1881; St. Louis, Mo.. (texashistory.unt.edu/ark:/67531/metapth28531/m1/273/: accessed April 27, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .