Wolf Jr. v. State

ON REHEARING.

June 29, 1923.

LATTIMORE, Judge.

— Article 51 of our Penal Code is as followsi: “The intention to commit an offense is presumed whenever the means used is such as would ordinarily result in the commission of the forbidden act.”

Article 1147 of our Penal Code is as follows: “The instrument or means by which a homicide is committed are to be taken into consideration in judging of. the intent of the party offending; if the instrument be one not likely to produce death, it is not to be presumed that death was designed, unless, from the manner in which it was used, such intention…