Carpenter v. State

*542on state’s motion for rehearing.

BEAUCHAMP, Judge.

On original submission we found but one troublesome question which complained of the failure of the court to charge the jury on the question of intent to kill. We accepted the description of the knife and the knife itself, which was brought before us in the record, as being one which was not a deadly weapon. In its ordinary acceptation of the term it is not. This fact is admitted in the state’s motion for rehearing. We followed the case of Goldman v. State, 150 Texas Crim. Rep. 24, 198 S.W. 2d 895, in reversing the case.

The state has filed a…