Watts v. State

ON MOTION FOR REHEARING.

DAVIDSON, Judge.

Appellant insists (a) that we were in error in holding that the presumption of an intent to kill arises, as a matter of law, in a case of an assault with intent to murder when the instrument used was a deadly weapon per se, and (b) that the presumption arising in such case is one of fact and therefore subject to be rebutted. A review of the authorities convinces us of the correctness of appellant’s contention.

In the case of Agitone, 41 Tex. Rep. 501, by the Supreme Court of this state when that court had appellate jurisdiction in criminal matters, we…