37 Tex. 348 | Tex. | 1873
The judgment in this case must be reversed. The affidavit of M. H. G-oddin, presiding justice of Walker county, shows that the appellants confession, which was read in evidence against him, was not complete. All that the appellant said, whether immediately before or after saying what the justice wrote down as his confession, if it pertained to the subject matter of the killing, should have been included; and if he stated that the deceased struck him with a pine knot before he cut her, it was evidence to which he was entitled, if the balance of his statement was to be put in evidence against him.
The court refusing to charge on the law of insanity was right and proper. There was no evidence offered, going to prove insanity; the only evidence which had any allusion to the mental capacity of the appellant, shows that it was of a lower order than that of other members of his family, hut does not tend to prove insanity. The judgment of the District Court is reversed, and the cause remanded.
Reversed and remanded.