Alaniz v. State

ON appellant’s motion for rehearing.

DAVIDSON, Judge.

In his motion for rehearing, appellant presses upon us his contention that the facts are insufficient to warrant the conviction.

In Ammann v. State, 165 S. W. (2d) 744, followed in Tindall v. State, 172 S. W. (2d) 328-335, in determining the sufficiency of the evidence to support a conviction for assault with intent to murder, we announced the rule to be:

“If the weapon used is not deadly, the intent to kill on the part of the accused may be ascertained from and shown by the surrounding facts and circumstances. If it is possible that death…