BRYANT v. STATE

No. 44920.

482 S.W.2d 270 (1972)

Robert BRYANT, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied July 26, 1972.


Attorney(s) appearing for the Case

Bradbury, Tippen & Cross, by Jim M. Cross, Abilene, for appellant.

Ed Payntor, Dist. Atty., and Lynn Ingalsbe, Asst. Dist. Atty., Abilene, and Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

ROBERTS, Judge.

This is an appeal from a conviction for assault with intent to murder with malice aforethought. Trial was held before a jury, which assessed punishment at confinement for five years.

In his brief, appellant raises only one ground of error. He contends that the court erred in failing to define murder without malice in the charge to the jury.

The evidence reflects that appellant shot the victim of the assault with a...

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