White v. State

Citations

• 13 Tex. Ct. App. 259
• 1882 Tex. Crim. App. LEXIS 216

Syllabus

<p>1. Assault with Intent to Murder—Charge op the Court.—In a prosecution for assault with intent to murder, the court charged the jury as follows: “ If the act by which the killing or attempt to kill is done, is unlawful, and the result of design, and is such as would in its reasonable and probable consequences cause death, in such case, where there is nothing shown to mitigate, excuse or justify the act, the killing or attempt to kill would be with malice, and constitute murder or assault with intent to murder, whether the actual design was to take life or not.” Held, error, in that it authorizes a conviction for assault with intent to murder, in the absence of a specific intent to kill. See the opinion in extenso on the subject.</p> <p>2. Assault with Intent to Murder, as defined by Article 502, Penal Code, involves the simultaneous concurrence of two distinct elements, viz: An assault, and a specific intent to kill.</p>