Thompson v. State

OPINION

DALLY, Commissioner.

The conviction is for assault with the intent to murder a peace officer; the punishment, imprisonment for thirty-five years. In one of his grounds of error, the appellant contends that he was entitled to a charge on the lesser included offense of aggravated assault. He urges that his testimony that he did not intend to kill the prosecuting witness raised the issue of the lack of such intent and required the submission of a charge on aggravated assault. The trial court refused to submit the appellant’s specially requested charge on aggravated assault, although it was…