Carter v. State

Charles Carter was convicted at the January, 1913, term of the District Court of Stephens county, on a charge of assault with intent to kill, and his punishment fixed at imprisonment for the term of one year and one day in the state penitentiary.

Among many assignments of error urged, those based upon the giving of the following instructions by the court are the only features we deem necessary to review:

“Instruction No. 5. You are further instructed that a criminal intent is necessary to constitute the crime charged against the defendant. The statute uses the words ‘every person who commits an…