Melton v. State

McDonald, judge.

The offense is assault, with intent to murder with malice; the punishment, confinement in the penitentiary for seven years.

Appellant contends that the trial court was in error in refusing his requested charge on simple assault. If there was evidence from any source to support such a charge, it should have been given.

The appellant testified that he was riding along a Dallas street late at night with a young friend. A car pulled in behind him, with its lights on bright, and followed him for some distance, staying within a few feet of his rear bumper. He testified that he thought…