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MENDOZA v. STATE

No. 45993.

491 S.W.2d 888 (1973)

Carmen MENDOZA, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

March 28, 1973.

Attorney(s) appearing for the Case

Randell C. Riley, Fort Worth, for appellant. Doug Crouch, Dist. Atty., and Michael R. Thomas, T. J. Haire and James J. Heinemann, Asst. Dist. Attys., Fort Worth, Jim D. Vollers, State's Atty., and Robert A. Huttash, Asst. State's Atty., Austin, for the State.

OPINION

DAVIS, Commissioner.

Appeal is taken from a conviction of assault with intent to murder with malice.

Appellant contends the court's charge was fundamentally erroneous in that it authorizes a conviction for assault with intent to murder without requiring the jury to find an intent to kill.

The complained of portion of the court's charge reads:

"Now if you believe from the evidence beyond a reasonable doubt that on or about...

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