Carpenter v. State

ON appellant’s motion for rehearing.

DAVIDSON, Judge.

Appellant insists that we erred in our conclusion that the knife used in the killing was a bowie knife or dagger, and therefore a deadly weapon per se.

The question has been again examined in the light of that *543contention, and we remain convinced that the knife here used was such a weapon.

Having reached that conclusion, it necessarily follows that it was not incumbent upon the trial court to require a finding on the part of the jury of an intent to kill in order to convict. Childers v. State, supra; Baylor v. State, 151 Tex. Cr. R. 365, 208 S. W. 2d 558.

The motion for rehearing is overruled.

Opinion approved by the court.