Jimmie W. Monroe v. State Texas

A jury trial conviction for the offense of murder with malice, for which punishment was assessed at fifteen years confinement, is challenged by two assigned grounds of error. The first ground, which is sustained, is that the trial court erred reversibly in refusing to charge the jury on the offense of murder without malice; the second ground, which becomes moot, is that there is insufficient evidence of intent to commit the offense of murder with malice. Reversed and remanded.