Hatton v. State

• Decision Date: 18 March 1893
• Citation: 21 S.W. 679
• Parties: HATTON v. STATE.
• Court: Texas Court of Criminal Appeals

21 S.W. 679

HATTON v.STATE.

Court of Criminal Appeals of Texas.

March 18, 1893.

Appeal from district court, Cass county; John L. Sheppard, Judge.

George Hatton was convicted of an assault with intent to kill, and appeals.Affirmed.

R. L. Henry, Asst. Atty. Gen., for the State.

HURT, P. J.

Appellant was convicted of an assault with intent to murder one William Johnson.Appellant reserved no bill of exceptions to the action of the court in regard to any rulings thereof.We gather from the requested instructions, which were refused, and matter contained in the motion for a new trial, that the contention of appellant is that there was no assault to murder, because of the distance between the parties and the size of the shot used.The assault was committed with a shotgun, appellant standing about 40 yards from Johnson.The gun was charged with No. 8 shot.Johnson was standing near a plank fence, and some of the shot buried themselves "out of sight" in the plank.Appellant was within such distance of Johnson as to make it within his power to commit a battery; that is, strike him with the means used, viz. the shot.The evidence shows conclusively that, whether the shot used were sufficiently large to take the life of Johnson, appellant greatly desired and intended to do so.When in a case the question arises as to whether the accused intended to kill, the means used by him may be looked...