Court of Appeals of Texas June 8, 1883, No. 2663 (Benevides v. State)

Hurt, Judge.

This is a conviction of murder of the first degree, the punishment being assessed at confinement in the penitentiary for life.

The trial judge failed to submit to the jury a charge upon the law governing in cases of murder upon implied malice and murder of the second degree. Defendant moved for a new trial, and in his motion this is expressly made one of the grounds.