Mills v. State

Citations

• 13 Tex. Ct. App. 487
• 1883 Tex. Crim. App. LEXIS 34

Syllabus

<p>1. Assault to Murder—Indictment—Evidence.—Under a separate indictment for assault to murder, it was proper to allow the State to prove that another did the actual shooting, and that the defendant was present, aiding and abetting him in the commission of the offense, although no such allegation was made in the indictment.</p> <p>2. Same.—An indictment for assault to murder need not allege all of the parties who participated in the attempted homicide in order to admit evidence that a party not on trial actually committed the offense while the accused on trial was present and aiding and abetting him.</p> <p>3. Principals and Accomplices.—One who is present, and, knowing the unlawful intent of another who commits an offense, aids or encourages by words, acts or gestures, is a principal and not an accomplice.</p> <p>4. New Trial —Newly Discovered Evidence — Diligence.—See the opinion for an application for new trial based upon newly discovered evidence which is held insufficient in that it shows a want of diligence.</p> <p>5. Assault to Murder.—Indictment for assault with intent to murder need not charge that the assault was committed with malice aforethought.</p>