Zamora v. State

on appellant’s motion for rehearing.

WOODLEY, Judge.

Appellant now urges that the trial court erred in overruling his objection to the charge for failure to submit the issue of simple assault and cites Roddy v. State, 136 Tex. Cr. R. 496, 126 S.W. 2d 669, and Crowley v. State, 146 Tex. Cr. R. 269, 174 S.W. 2d 321.

In the Crowley case Art. 1141 P.C. Sec. 3 was quoted, and it was held that one who unlawfully shoots a gun with intent to alarm or scare another is guilty of simple assault in the absence of an intent to injure, even though it is made with a deadly weapon, where no injury is inflicted.…