Carr v. State

Citations

• 41 Tex. 543

Syllabus

<p>1. Assault with intent to murder.—See facts held sufficient, and such as not to require the court to instruct the jury as to aggravated and simple assault.</p> <p>2. Evidence of former quarrels between the parties may be admitted to show the state of mind of the accused at the time of the offense.</p> <p>3. Instructions.—On a trial for assault with intent to murder, it is sufficient that the court give the law applicable to the facts considsidered with reference to the accusation, unless other instructions be asked. iTor will a verbal charge as to the lower grades of offense charged in the indictment, be ground of reversal, unless excepted to at the trial.</p> <p>4. Indictment.—An indictment for shooting includes an attempt to shoot; and under such indictment evidence of shooting at the in ■ jured party is admissible.</p>