Vaughan v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Marion. Tried below before the Hon. J. A. Ward. Appeal from a conviction of assault with intent to murder; penalty, two years confinement in the penitentiary. The opinion states the case. On question of intent: Floyd v. State, 18 S. W. Rep., 819; Trimble v. State, 125 S. W. Rep., 40.
1Opinion of the Court
HARPER, Judge.
Appellant was convicted of assault to murder, and his punishment assessed at two years confinement in the State penitentiary.
There are a number of grounds noted in the motion for a new trial, but none of them in our opinion present error, unless it be the ground that alleges the insufficiency of the testimony to sustain the verdict. In an assault to murder case, the evidence must be of that character which would authorize the finding of a specific intent to kill. (Jobe v. State, 1 Texas Crim. App., 183; Patrick v. State, 33 S. W. Rep., 352; Parker v. State, 53 S. W. Rep., 115;…
2Cases cited2 opinions
- Foster v. StateCourt of Criminal Appeals of Texas · 1898
- Reyes v. StateCourt of Criminal Appeals of Texas · 1905
3Cited by2 opinions
- Ginn v. StateCourt of Criminal Appeals of Texas · 1935
- Brooks v. HerrenCourt of Appeals of Texas · 1930