As of 1891, Texas courts were overwhelmed with discussing whether "malice" needs to be expressed or implied in the judge's jury instructions.See Ainsworth v. State, 16 S.W. 652 (Tex. 1891), Washington v. State, 16 S.W. 653 (Tex. 1891), Mendez v. State, 16 S.W. 766, 767 (Tex. 1891), and Martinez v. State, 16 S.W. 767, 768 (Tex. 1891), found at Google Scholar. Accessed November 15, 2010. However, the 1970s revision of the Texas Penal Code states that a murder must be committed "intentionally or knowingly" in Texas.
