The Penal Code of the State of Texas, Adopted at the Regular Session of the Twenty-Fourth Legislature, 1895; Annotated to Include the 35 Vol. Texas Criminal Reports, Together with Forms for Indictments Following Each Offense Named in the (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1897 edition. Excerpt: ...In other words, all injuries, which under the circumstances of the particular case, are not necessarily fatal, but which may cause death. An injury which must cause death under any state of circumstances, such as the severance of the head from the body, the severance of the carotid artery, or the breaking of the neck, would not come within the meaning of the words quoted. For injuries of this character no legislation is required, because they cannot be affected by either care or negligence, skillful or unskillful treatment. They produce death in spite of any human aid. But, if the injury be such that death is not a certain result thereof. if it be such that human aid or skill may prevent a fatal termination, then it is such an injury as the words quoted refer to. At common law the neglect or improper treatment must produce the death in order to relieve the person who inflicted the original injury, of the homicide. But the preceding Articles of the Code do not require that the neglect or improper treatment should cause the death, either in whole or in part. if there be gross neglect, or manifestly improper treatment, either in preventing, or in aiding the fatal effects of the injury, the death of the injured person is not homicide by the party who inflicted the original injury. Gross neglect and improper treatment are not only such as produce the destruction of life, but such also as allow, suffer or permit it. The preceding Articles therefore undoubtedly change the rule of the common law, the theory of /which is that he who caused the first injury should be held guilty of the homicide." The cases of Williams v. St., 2 Apps., 271, and Powell v. St., 13 Apps., 244, which declare the common law rule, are virtually overruled on this...