Walker v. State

Citations

• 7 Tex. Ct. App. 627

Syllabus

<p>Assault with Intent to Murder. — The accused, while intoxicated and without provocation or known grudge, fired Ms pistol towards Ms friend, and missed Mm though but seven or eight feet distant. Held, that the material question Jjhus raised was whether the accused fired at the party with the purpose of striking Mm, or shot in mere bravado; and this issue should have been submitted to the jury directly and distinctly, and not by mere implication. A charge was erroneous which in effect assumed the purpose to strike, and instructed the jury that the law implied malice from the deadly nature of the weapon used.</p>