Griffin v. State

The defendant was found guilty of the offense of assault with intent to murder. His motion for new trial is based upon the general grounds only.

1. “An assault with intent to murder, by using any weapon likely to produce death, shall be punished by imprisonment and labor in the pentitentiary for not less than two years nor longer than ten years.” Penal Code (1910), § 97. “To constitute the offense of assault with intent to murder, there must be made an assault by one person upon another, with a weapon likely to produce death, in the manner used, the assault must be actuated by malice, either…