Mercado v. State

OPINION

SEERDEN, Justice.

Appellant was convicted of attempted murder in a jury trial. The trial court assessed punishment at five years confinement in the Texas Department of Corrections.

The first five grounds of error submitted by appellant contain various shades of the common complaint that the trial court committed fundamental error in the jury charge when it included the following instruction:

“In passing upon the intent of the defendant, if any, you should look to the character of the weapon used. If the weapon was a deadly weapon, you may infer, from the use of such weapon, an intent to…