Flanagan v. State

OPINION ON STATE’S MOTION FOR REHEARING AND ON COURT’S OWN MOTION FOR REHEARING

MILLER, Judge.

On original submission, a panel of this Court held that the evidence in the instant cause was insufficient to show that the appellant, who was convicted of attempted murder, had the specific intent to kill.

The State argues in its motion for rehearing en banc that since the offense of murder under V.T.C.A. Penal Code, § 19.-02(a)(2), does not require that a person have the specific intent to kill, the panel was incorrect in engrafting such intent into the offense of attempted murder. As authority for…