Davis v. State

ON MOTION FOR REHEARING

DICE, Judge.

Appellant urges fundamental error in Paragraph 15 of the court’s charge wherein the issue of her guilt of murder without malice was submitted to the jury. In said paragraph the court *296in substance instructed the jury that if they found and believed from the evidence beyond a reasonable doubt that the appellant, without malice aforethought, did assault the injured party with a knife with the intent to then and there kill her, then they would find her guilty of the offense of assault with intent to murder without malice aforethought.

Appellant insists that the…