Melton v. State
| Decision Date | 15 May 1963 |
| Docket Number | No. 35790,35790 |
| Citation | 367 S.W.2d 678 |
| Parties | Frank Granville MELTON, Appellant, v. The STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
Ronald R. Waldie, Richard S. Geiger, Dallas, for appellant.
Henry Wade, Dist. Atty., James H. Miller, Stephen Guittard and Emmett Colvin, Jr., Dallas, and Leon B. Douglas, State's Atty., Austin, for the State.
The offense is assault, with intent to murder with malice; the punishment, confinement in the penitentiary for seven years.
Appellant contends that the trial court was in error in refusing his requested charge on simple assault. If there was evidence from any source to support such a charge, it should have been given.
The appellant testified that he was riding along a Dallas street late at night with a young friend. A car pulled in behind him, with its lights on bright, and followed him for some distance, staying within a few feet of his rear bumper. He testified that he thought it was a police car; that he pulled over and began to slow down; that the car passed him, turned at the next intersection and stopped; that he then stopped and the car backed up to him. There were three large boys in the car. He related that some 'pretty nasty words' were used by the boys in the other automobile and that they were the aggressors throughout the entire transaction. He stated that he took out a pistol from the glove compartment between the seats and pointed it out the window. He further testified that, fearing a fight, he fired four or five shots over the other car, because 'I was hoping it would scare them off, and that would be all there was to it.'
As stated in Roddy v. State, 136 Tex.Cr.R. 496, 126 S.W.2d 669:
* * *'
See also cases cited in Smith, supra, and Crowley v. State, 146 Tex.Cr.R. 269, 174 S.W.2d 321.
The judgment is reversed and the cause remanded.
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Hall v. State, 39115
...the issue of intent to kill was required. In reaching this conclusion, we have reviewed, among other cases, the following: Melton v. State, Tex.Cr.App., 367 S.W.2d 678; Barnes v. State, 172 Tex.Cr.R. 303, 356 S.W.2d 679; Trotter v. State, 170 Tex.Cr.R. 495, 341 S.W.2d 923; Mixon v. State, 1......
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Smith v. State, 40547
...next ground of error relates to the failure of the trial court to submit a charge on simple assault. Reliance is had on Melton v. State, Tex.Cr.App., 367 S.W.2d 678. In Melton, the three large boys in the other automobile were shown to have been the aggressors throughout and the accused fir......
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Gonzales v. State
...Parks and Ely, supra, have been distinghished by this Court in Walker v. State, 160 Tex.Cr.R. 361, 268 S.W.2d 464. Melton v. State, Tex.Cr.App., 367 S.W.2d 678, also relied upon by appellant is easily distinguishable in that the indictment there charged assault with intent, not murder as in......
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Richardson v. State
...was not an adequate cause. We also note that the jury was not required to accept Richardson's version of the facts. Melton v. State, 367 S.W.2d 678, 679 (Tex.Crim. App.1963). That being the case, the jury could have determined that the deceased made no such comment and that she did not turn......