Collins v. State

The defendant was indicted, tried, and convicted of assault with intent to murder. He was sentenced to the penitentiary for a term of years, from which judgment this appeal is taken.

Appellant’s chief insistence on appeal is that the trial court erred in refusing requested charges 1 and 3. Both charges are to the effect that if there was sufficient provocation to excite sudden passion, and defendant acted under such passion, then the presumption is that passion disturbed the sway of reason and made him regardless of his act to. such an extent that he could not be convicted of assault to…