King v. State

LATTIMORE, Judge.

— Conviction for assault to murder; punishment, eight years in the penitentiary.

Complaint is made in bill of exception No. 6 of the refusal of a special charge, in substance, that a conviction for assault to murder could not be had unless the jury believed the assault was made with malice. This again raises the question as to whether malice or malice aforethought is an element necessary to prove or submit in the charge in trials for assault to murder. We say again, — because the same question was raised in Tucker’s case, 115 Texas Crim. Rep., 41, 26 S. W. (2d) 638, — that…