Crane v. State

Citations

• 41 Tex. 494

Syllabus

<p>1. Assault with intent to murder.—When one charged with committing an assault with intent to kill and murder is shown to have given the first insult and begun himself the attack, which finally resulted in the effort on his part to kill, he cannot mitigate the offense by showing that he attempted to kill under the immediate influence of sudden passion, caused by injuries received from his adversary during the rencontre.</p> <p>2. Indictment.—An indictment for an assault with intent to kill and murder, which charges that “A B did then and there level, aim, point, shoot off, and discharge the said pistol in, at, to, against, and upon the person of him, the said O D,” and in other respects regular, is good.</p>