Legal Opinion

Gentsch v. State

Court of Criminal Appeals of Texas

Decided June 9, 1971No. 43798Published

1Opinion of the Court

OPINION

ROBERTS, Judge.

This is an appeal from a conviction for assault to murder with malice; the jury assessed the punishment at 17 years.

The appellant presents three grounds of error, each of which challenges the sufficiency of the evidence.

First, he contends that the evidence is insufficient to establish the specific intent to murder because the evidence is insufficient “to demonstrate the weapon or instrument used was a deadly weapon per se.”

Second, he contends that “the evidence is insufficient to establish the specific intent to murder as the intent cannot be logically concluded or…

2Cases cited6 opinions

  1. Ammann v. StateCourt of Criminal Appeals of Texas · 1942
  2. Hernandez v. StateCourt of Criminal Appeals of Texas · 1963
  3. Blount v. StateCourt of Criminal Appeals of Texas · 1964
  4. Gipson v. StateCourt of Criminal Appeals of Texas · 1966
  5. Trimble v. StateCourt of Criminal Appeals of Texas · 1945

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