Thomson v. State

BROOKS, Judge.

Appellant was convicted of murder in the second degree and his punishment fixed at five years confinement in the penitentiary.

Appellant insists that the court erred in failing to submit to the jury the question of the intent to kill, because if the weapon used was not a deadly weapon defendant could not be convicted of any degree of felonious homicide, unless it evidently appeared that the defendant intended to slay. The evidence shows that deceased was cut on the side of the neck, through the skin, in two or three places; and four or five smaller cuts running into the larger…