Hodges v. State

HABPEB, Judge.

Appellant was prosecuted for committing an aggravated assault under subdivision 9 of article 601, the indictment charging that the assault was committed with “premeditated design and by the use of means calculated to inflict serious bodily injury.” It is thus seen that to constitute this offense under this provision of the Code two things must combine, first, the assault must be committed upon “premeditated design,”—that is, from a fixed purpose formed in the mind, and not upon a rash inconsiderate impulse. It is true, the length of time is immaterial if the evidence shows a…