McCullough v. State

Citations

• 24 Tex. Ct. App. 128
• 5 S.W. 839
• 1887 Tex. Crim. App. LEXIS 173

Syllabus

<p>Assault to Murder—Charge op the Court.—To constitute an assault with intent to murder, it must appear, 1, that au assault, coupled with an ability to commit a battery, was committed; and, 2, that at the time there existed in the mind of the offender a specific intent to kill. See the opinion for a state of case demanding of the trial court a charge in harmony with the rule stated, and note the statement of the case for evidence, which, however sufficient to establish an assault with intent to alarm, is insufficient to support a conviction for assault with intent to murder.</p>