Silva v. State

ON MOTION FOR REHEARING.

HAWKINS, Judge.

— The indictment charged that appellant with malice aforethought shot and killed Mariana Luna. Among other instructions the court told the jury if they found that appellant shot at Magdalino Carrizales under circumstances which would have amounted to murder had Carrizales been killed, and that the shot intended for him struck and killed Mariana Luna, they should find appellant guilty of murder. (We are not attempting to set out the language of the instruction, but only its effect.) Appellant objected to the charge on the ground that the indictment…