Meredith v. State

Citations

• 40 Tex. 480

Syllabus

<p>1. An indictment for an assault “with intent to kill and murder,” and otherwise in the usual form, is sufficient as charging an assault with intent to murder — rejecting as surplusage the allegation of intent to kill.</p> <p>S. The presumption is in favor of the correctness of the ruling of the court in overruling a motion for continuance, unless the error is manifest hy a hill of exceptions.</p> <p>3. The declarations of the person upon whom an assault was made, made after the difficulty, are irrelevant upon the trial.</p> <p>' 4. Statements of defendant, made at the time of the difficulty, as to the-reason why he had held the pistol so long on the assaulting party without shooting, held insufficient to require a new trial.</p> <p>,5. See facts held sufficient to sustain a verdict of guilty of an assault with intent to murder.</p>