Harrell v. State
Court of Criminal Appeals of Texas
Appellant was tried in the District Court of Houston County for “assault with intent to kill and murder” one Bufe Walker, and was convicted, his punishment being assessed at two years confinement in the State penitentiary. The opinion of the court having discussed only the matter of law, raised by appellant, no statement of the facts is deemed necessary.
1Opinion of the Court
HEHDEBSOH, Judge.
Appellant was convicted of an assault with intent to murder, and his punishment. assessed at confinement in the penitentiary for a term of two years, and he prosecutes this appeal.
In the view we take of the case, it is only necessary to consider one assignment of error, which involves the failure of the court, as alleged by appellant, to give the jury any definition of “malice” or “malice aforethought.” The Assistant Attorney-General, on the other hand, insists that the following was a sufficient charge on that subject: “Malice aforethought is that condition of mind without…
2Cited by11 opinions
- Pueblo v. TrinidadSupreme Court of Puerto Rico · 1917
- Ross v. StateCourt of Criminal Appeals of Texas · 1929
- Landermilk v. StateCourt of Criminal Appeals of Texas · 1904
- Laudermilk v. StateCourt of Criminal Appeals of Texas · 1904
- Bigley v. StateCourt of Criminal Appeals of Texas · 1993
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