Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1930-02-04

I'd and more. answered first for the
Texas University in the long ago.
I Curtis began his speech in a low
voice.
we (the defense lawyers are
here because we were friends and
are friends Of Judge Brady. We
know the John Brady on trial here
is not the John w. Brady we knew.
The John Brady We knew would not
be here today charged with this Of
fense-the John Brady in possession
Of his mental faculties
Curtis answered Hollers' accusa-
ton that the defense had been "un-
fair by saying that this was the
first cas- he ever participated in
where the defense was denied op-
portunity to talk TO witnesses-de-
MED by the state"
Brady came in a little after 8
o'clock. looking a bit white, and
the judge then instructed the au-
dience that quiet must be main
tanned. Mr. Sheriff. bring in the
jury" he concluded.
Charge Read
Judge j. d. Moore began read
ing the charge. II went in part:
Malice aforethought includes all
those states of mind under which
the killing Of a person takes place.
without any cause which will. in
law. justify or excuse or extenuate
the homicide.
1t Is a condition Of the mind
which shows a heart regardless Of
social duty and fatally bent on
mischief. the evidence Of which Is
inferred from acts done or words
spoken.
Murder Defined
Murder. as defined here in before,
may be committed either with or
without malice aforethought.
When murder Is committed with
malice aforethought. the punish
mem for such murder shall be
death, " confinement in the peni-
Tertiary for life or confinement in
the penitentiary for any term not
less than two years.
When murder Is committed, but
not upon malice aforethought, the
punishment for such murder Is con-
finement in the penitentiary for
not less than two o more than
five years.
Drunk
In this case evidence has been in
troduced in behalf Of the defend
ant to show that at the time OF
the commission Of the offense he
wa in a state Of drunkenness or
intoxication. produced by the re-
cent use Of ardent spirits or in
t~oxicating liquor; and as to this
phase OF the case you are in
structed: That neither intoxica-
ton nor temporary insanity Of the
the mind, produced by the volun-
tary recent use Of ardent spirits or
intoxicating loquor constitutes IN
this state any excuse for the COM
mission Of crime. nor does intoxi-
cation mitigate the degree Of the
offense alleged to have been COM
mitted, but evidence Of temporary
insanity, produced by such recent
use Of ardent spirits r %intoxicat-
ing liquor, may be considered in
mitigation of the penalty attached
to the offense for which the de-
PENDANT is on trial.
Sanity Explained
The defendant pleads insanity as
a defendant in this case, and you
are charged that no person can be
punished for an act committed
while insane. However, every per-
son is presumed to be sane until
the contrary appears from the evil
dence. He is presumed to enter
tain, until this appears, a suffici-
ent degree OF reason to be respon-
sible for his acts.
The defendant in this case has
filed with the court an affidavit.
stating, among other things, that
he has never been convicted Of q
felony charge in any other
state. Now, If you find the defend
ant guilty Of murder and the pun
ishment assessed by you is for not
more than five years, and If you
further find that he has never been
convicted of a felony in this state
or in any other state, you may, III
your discretion, cause the sentence
to be suspended; and in Ease you
desire to suspend the sentence Of
the defendant, let your verdict show
that you find the defendant has
never been convicted OF a felony in
this state or in any other state, and
further show that you recommend
the suspension Of the sentence.
Assistant County Attorney Hardy
Hollers began the argument.
State Not Awed