Hunter v. State

WOODLEY, Judge.

The conviction is for assault with intent to murder with malice; the punishment, three years in the penitentiary.

Appellant challenges the sufficiency of the evidence to establish a specific intent to kill, contending that in the absence of evidence showing that a deadly weapon was used or that serious bodily injury was inflicted the conviction for assault with intent to murder cannot stand.

A specific intent to kill is an essential element of the offense of assault with intent to murder, the intent to kill being a fact question, the existence of which must be determined by -the…