Ellison v. State , 59 Tex. Crim. 3 ( 1910 )

I think there can be no doubt under the testimony found in this record that the court should have charged on murder in the second degree. I am not certain that the opinion is not correct that the evidence is insufficient, in the respects noted, to support the verdict, but since the case would be, in any event, reversed I express no opinion on that question.