Mayfield v. State

Citations

• 44 Tex. 59

Syllabus

<p>1. Indictment.—It is not necessary in an indictment for assault with intent to murder, charged to have been made with a pistol, to allege that the party making the assault was within carrying distance of the pistol to the party assaulted.</p> <p>2. Same.—In charging an assault with intent to murder it is not necessary to name the weapon with which the assault was committed, or the manner in which it was used.</p> <p>3. See indictment held good.</p> <p>4. Charge of the court.—When the court has charged the law correctly in reference to the facts of the case as proved, it is not error to refuse to modify the charge to adapt it to a lower grade of offense when there are no facts in evidence applicable to such charge in the modified form.</p> <p>5. Mew Trial.—A new trial will not be granted on the ground of surprise or disappointment in a party’s witness not swearing what was expected, when it is not shown that upon another trial proof can be made by other witnesses of the facts expected to have been proved by the witness occasioning the surprise.</p>