Bryant v. State

OPINION

ROBERTS, Judge.

This is an appeal from a conviction for assault with intent to murder with malice aforethought. Trial was held before a jury, which assessed punishment at confinement for five years.

In his brief, appellant raises only one ground of error. He contends that the court erred in failing to define murder without malice in the charge to the jury.

The evidence reflects that appellant shot the victim of the assault with a pistol while the victim was seated upon a pool table which was located in a cafe in the city of Abilene. The witnesses to the shooting testified that there was…