HUNTER v. STATE

No. 27161.

275 S.W.2d 803 (1955)

Tom HUNTER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

On Rehearing February 9, 1955.


Attorney(s) appearing for the Case

Willard G. Street, Jr., Littlefield, for appellant.

Joe Sharp, Dist. Atty., Plainview, Wesley Dice, State's Atty., Austin, for the State.


WOODLEY, Judge.

The conviction is for assault with intent to murder with malice; the punishment, three years in the penitentiary.

Appellant challenges the sufficiency of the evidence to establish a specific intent to kill, contending that in the absence of evidence showing that a deadly weapon was used or that serious bodily injury was inflicted the conviction for assault with intent to murder cannot stand.

A specific intent to kill is an essential...

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