Garnet v. State

Citations

• 1 Tex. Ct. App. 605

Syllabus

<p>1. Administering Poison.—Though true that, if death ensued from maliciously administering poison, the offense would be murder, yet it is not true that, when death does not ensue, the offense is an assault with intent, to murder, or an assault of any kind.</p> <p>2. Same—Charge of the Court.—On the trial of an indictment founded on Article 537 of the Penal Code (Pase. Dig., Art. 2X98), for administering - poison with intent to kill or injure, it being in evidence that death had not ensued, the court below gave in charge to the jury the law applicable to assault with intent to murder. JH'eld, that notwithstanding the law charged to the jury was less penal than that applicable to the offense charged in the-indictment, and notwithstanding the punishment assessed by the jury was the minimum incident to either offense, yet the conviction must be-reversed, because the law applicable to the case was not charged to the-jury, and because the law charged to the jury was the law applicable to a., different offense than that charged in the indictment.</p>