Mendoza v. State

OPINION

DAVIS, Commissioner.

Appeal is taken from a conviction of assault with intent to murder with malice.

Appellant contends the court’s charge was fundamentally erroneous in that it authorizes a conviction for assault with intent to murder without requiring the jury to find an intent to kill.

The complained of portion of the court’s charge reads:

“Now if you believe from the evidence beyond a reasonable doubt that on or about the 24th day of April, 1971, in Tarrant County, Texas the defendant Carmen Mendoza, with malice aforethought, as that term has been defined, did make an assault in and…