Hunter v. State

275 S.W.2d 803 (1955)

Tom HUNTER, Appellant,

v.

The STATE of Texas, Appellee.

No. 27161.

Court of Criminal Appeals of Texas.

December 8, 1954.

On Rehearing February 9, 1955.

Willard G. Street, Jr., Littlefield, for appellant.

Joe Sharp, Dist. Atty., Plainview, Wesley Dice, State's Atty., Austin, for the 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…