Cole v. State

OPINION ON MOTION FOR REHEARING

DOUGLAS, Judge.

The offense is assault with intent to murder; the punishment, fifteen years.

This is a companion to the case of George Hill v. State of Texas, Tex.Cr.App., 456 S.W.2d 699. The sufficiency of the evidence is not challenged; it is substantially the same as in the Hill case and will not be restated.

The sole contention of appellant is that the court erred in failing to charge the jury on the law of circumstantial evidence.

No written objection to the court’s charge or requested instruction was filed with the clerk before the charge was read to the jury.…