 ... sudden passion arising from an adequate cause, by which it is meant such cause as would commonly produce a degree of anger, rage, resentment, or terror in a person of ordinary temper sufficient to render the mind incapable of cool reflection, and...  The South Western Reporter - Page 1021920Full view - About this book
 | Texas. Supreme Court - 1874 - 728 pages
...the Legislature has denned the words "adequate cause." By the expression "adequate cause" is meant such as would commonly produce a degree of anger,...to render the mind incapable of cool reflection. It f 1873.J CANNON v. BONNER. 487 Syllabus. is unfortunate that bad and vicious men can and do find many... | |
 | Texas. Court of Appeals - 1880 - 742 pages
...deceased, which is pronounced adequate provided it be sufficient to produce and does actually produce such a degree of anger, rage, resentment, or terror in a person of Opinion of the court. ordinary temper as is sufficient to render the mind incapable of cool reflection.... | |
 | George Clark - 1881 - 766 pages
...Manslaughter. AKT. 595. "Adequate Cause" explained (PC 597). — By the expression "adequate cause" is meant such as would commonly produce a degree of anger,...sufficient to render the mind incapable of cool reflection. ART. 596. What are not adequate Causes (PC 598). — Insulting words or gestures, or an assault and... | |
 | 1899 - 1204 pages
...statute (Pen. Code 1895, art. 700) uses this language: "By the expression 'adequate cause' is meant such as would commonly produce a degree of anger,...to render the mind Incapable of cool reflection." The statute erects this standard to test the effect of the adequate cause on the defendant's mind,... | |
 | Texas. Court of Appeals - 1887 - 848 pages
...but that sudden passion must arise from an adequate cause, and this adequate cause is defined to be "such as would commonly produce a degree of anger,...to render the mind incapable of cool reflection." (Penal Code, arts. 593-595.) Now, unless this adequate cause existed, the homicide would not be reduced... | |
 | Seymour Dwight Thompson - 1889 - 1428 pages
...or terror, rendering it incapable of cool reflection. By th<" expression ' adequate cause ' is meant such as would commonly produce a degree of anger,...sufficient to render the mind incapable of cool reflection. In order to reduce a voluntary homicide to the grade of manslaughter, it is necessary not only that... | |
 | Texas. Court of Appeals - 1889 - 828 pages
...as will reduce an unlawful killing from murder to manslaughter is meant such cause for such passion as would commonly produce a degree of anger, rage,...in a person of ordinary temper sufficient to render him incapable of cool reflection; for, if the mind of the slayer is cool and be reflects upon the result... | |
 | William John Tossell - 1912 - 832 pages
...provocation must have been given at the time of the killing, and must have been of such serious character as would commonly produce a degree of anger, rage, resentment or terror in a person of ordinary Zeltner v. State. temper sufficient to render the mind incapable of reflection. Did Mr. Westenhaver... | |
 | William John Tossell - 1922 - 744 pages
...mind; and the provocation may be whatever will commonly produce the degree of auger, rage or resentment in a person of ordinary temper, sufficient to render the mind incapable of reflecting. And, as I have already stated, if a person is engaged in the commission of something in... | |
 | 1904 - 980 pages
...committed under the immediate influence of sudden passion arising on adequate cause — tbat is, such cause as would ! commonly produce a degree of anger, rage,...sufficient to render the mind incapable of cool reflection — constitutes manslaughter, and not murder. Boyd v. State, T2 SW 737, 738, 28 Tex. App. 137 (citing... | |
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