Richardson v. State
| Decision Date | 20 February 1957 |
| Docket Number | No. 28809,28809 |
| Parties | Charles C. RICHARDSON, Appellant, v. The STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
[164 TEXCRIM 500] Scarborough, Yates, Scarborough & Black, by Larry Scarborough, Abilene, for appellant.
Leon B. Douglas, State's Atty., Austin, for the State.
BELCHER, Commissioner.
The conviction is for assault with intent to murder with malice aforethought upon a plea of guilty before a jury to a charge in the indictment that he 'did then and there unlawfully and with malice aforethought, in and upon E. C. Lollar, Jr., make an assault with the intent then and there to murder the said E. C. Lollar, Jr.' the penalty, seven years in the penitentiary.
The state's testimony offered upon the hearing of appellant's plea shows that the appellant went to the house where the injured party was living about 1 A.M., knocked on the door, and when the injured party, who had never before seen the appellant, came to the door the appellant said to him: , and the injured party replied: 'Well, I'll tell my wife.' It was further shown that as the injured party started to turn from the door appellant said to him: 'I hear you are a pretty tough guy', and he replied: 'Well, you've been misinformed', and appellant stated: 'Well, you hurt a friend of mine the other night.' The injured party testified that through the door and hit the injured party in the arm and that the bullet was still in his arm. The gun used by the appellant was shown to be a 25 automatic.
Loretha Pray testified that she was with the appellant on the night in question and had previously told him about some trouble she had had with the injured party, but because of her condition as a result of drinking gin on the night in question she could not recall going to the injured party's house or what occurred there.
Appellant contends that the evidence is insufficient to sustain a conviction for assault with intent to murder with malice; that the court erred in refusing to instruct the jury that the appellant must have had an intent to kill to sustain the conviction; that the court erred in refusing to instruct the jury on lesser included offenses which the jury might find the...
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