80 S.W. 525 | Tex. Crim. App. | 1904
Appellant was convicted of murder in the second degree, and his punishment assessed at confinement in the penitentiary for a term of twenty-five years.
The evidence tends to show that defendant was laboring under delirium tremens at the time of the homicide, superinduced by long continued dissipation, and was the user of narcotics of different character, which the medical experts testified did produce delirium tremens; and at the time of the homicide was laboring under said malady to such an *131
extent that he did not know the nature and quality of the act, and did not know the difference between right and wrong. The court applied the law applicable to intoxication produced by the recent use of ardent spirits, but did not charge on above phase of the law. We think the evidence clearly raised the same, and the court should have so charged. Erwin v. State, 10 Texas Crim. App., 700; Ward v. State, 19 Texas Crim. App., 664; Kelly v. State, 20 S.W. Rep., 357; Edwards v. State, 43 S.W. Rep., 112; Cannon v. State, 56 S.W. Rep., 351; Merritt v. State,
The judgment is reversed and the cause remanded.
Reversed and remanded.