Gatlin v. State

LATTIMORE, Judge.

—Appellant was indicted in the District Court of Collin County, for the murder of C. D. Rosseter. Upon his trial, he was convicted of an assault with intent to murder, and his punishment fixed at confinement in the penitentiary for a term of five years.

That one can be convicted of assault to murder, under an indictment charging murder, is not an open question. The trial court submitted murder, manslaughter, assault to murder, aggravated assault, and self-defense.

The first contention of appellant is that the evidence does not support the verdict of guilty of assault to murder.…