Samuel v. State

OPINION

ONION, Presiding Judge.

This is an appeal from a conviction for assault with intent to commit murder with malice aforethought where the punishment, assessed by the jury, was 25 years.

Initially, appellant challenges the sufficiency of the evidence to sustain the conviction, particularly contending that it fails to show malice or the specific intent to kill.

At approximately 11 p. m. on July 26, 1969, Dr. Elza Lowell Whitley, his wife and mother-in-law returned to the city of Dallas from a trip to east Texas. As he drove his Dodge mobile camper near the parking lot of the Metropole…