Pastrana v. State

BROOKS, Judge.

Appellant was convicted of assault to murder, his punishment being fixed at two years confinement in the penitentiary. We think the court erred in failing to charge on aggravated assault. The evidence for the State shows an assault with intent to murder. Appellant’s testimony shows that he acted in self-defense, because prosecutor was about to attack him with a dirk or knife. Appellant also testified that he did not shoot with intent to hit or kill prosecutor, but that he intended to scare him away. Under the authority of Gatlin v. State, 7 Texas Ct. Rep., 16, the court shuold…