Morris Weems v. State

ON MOTION FOR REHEARING.

HAWKINS, Judge.

Appellant insists that his objection to paragraph ten of the court’s charge was sufficient to call the trial court’s attention to a complaint that he had omitted to charge that appellant must have intended to kill before he could be guilty of murder, and had assumed that the instrument used was a deadly weapon. We have been unable to draw a distinction between the instant case and that of Bradshaw v. State, 81 S. W. (2d) 83, where a very similar charge was given and a similar objection held too general. Art. 658, C. C. P., requires exceptions to the…