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: 275
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1875.] FARBER v. THE STATE. 275
Opinion of the Court.
elaboration, the law applicable to murder in the second degree,
or to advert to the facts in evidence tending to show the absence
of a sedate, deliberate mind; such, for instance, as the character
of the weapons used; the, circumstances under and purpose for
which they had been procured; the almost immediate combat
in which the appellant and his friends had been engaged with
the friends and associates of the deceased; the possibility that
he was in the pursuit of these parties when he encountered the
deceased, and, notwithstanding the warning given him to the
contrary, that he may, in his blinded passion, have supposed
the decedent to be one of them; the effect of this combat and
the severe blow on the head given appellant but a little while
before, are especially calculated to arouse anger and to excite to
rash and intemperate acts of violence and strife, and other
matters in the statement of facts, to which we need not
It is not proper, as has often been said by this court, for the
judge, on the trial of a criminal case, to announce merely the
general principles of law defining the offense charged, but he
ought also to instruct the jury on the law applicable to the
particular case before them, as developed by the facts proved.
IHe should anticipate probable conclusions on the facts, and
adapt his instructions to such deductions from them as may be
properly made by the jury, which would warrant the defendant's
acquittal or conviction. (Marshall v. The State, 40
Texas, 200.) In this particular the charge of the court is
clearly deficient, and the judgment must, on this account, be
As it is unnecessary for the disposal of the case to pass upon
the other questions discussed by counsel, upon some of which
it is not certain the opinions of all the members of the court
would be in harmony, we refrain from any comments upon
The judgment is reversed and the cause remanded.
Reversed and remanded,
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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/m1/283/: accessed October 16, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .