Barr v. State

BROOKS, Judge.

Appellant was convicted of assault to murder, and his punishment assessed at ten years confinement in the State penitentiary.

Appellant complains of the following charge of the court: “Malice aforethought is the voluntary and intentional doing of an unlawful act, with the purpose, means and ability to accomplish the reasonable and probable consequences of it, done in a manner showing a heart regardless of social duty and fatally bent on mischief by one of sound mind and discretion, the evidence of which is inferred from acts committed or words spoken.” Appellant insists that the…