Wood v. State

Citations

• 27 Tex. Ct. App. 393
• 11 S.W. 449
• 1889 Tex. Crim. App. LEXIS 49

Syllabus

<p>1. Assault to Murder—Intent.—The essential ingredient of the offense of assault with intent to murder is that the assault was accompanied by the specific intent of the accused to murder, and this ingredient must be established to the satisfaction of the jury,</p> <p>3. Same.—The offense of assault with intent to murder is proved when it is shown that, had death resulted from the assault, the offense would have been murder. Another test is that “if the assault is voluntary, committed with deliberate design and with an instrument capable of producing death in such manner as evidences an intention to take life, and there are no extenuating circumstances, it is an assault with intent to murder.”</p> <p>$. Same—Presumption.—The rule is statutory that “the intention to commit an offense is presumed whenever the means used is such as would ordinarily result in the forbidden act.” And it is elementary that ‘ a man is always presumed to intend that which is the necessary or even probable consequence of his acts, unless the contrary appears.”</p> <p>4. Same—Abandonment—Practice in Court of Appeals.—If a party, intending to commit murder, uses a deadly weapon in such a manner as that his intent is apparent or may be fairly inferred from the act, he can not, by abandoning any further attempt at violence, mitigate the effect of his previous act or intention; and it is for the jury to determine, under appropriate instructions upon the law, whether, by what he did before he abandoned the further execution of his plansi he really and in fact intended to commit murder. And if they find that he did so' intend to commit murder, and ,ie facts justify the finding, then this court will not interfere wb’ .e verdict.</p> <p>.5. Assault to Murder—Pact Case.— ne statement of the case for evidence held sufficient to support a v mvietion for assault to murder.</p>