(dissenting).
The appellant testified that he did not intend to kill the complainant, and the court charged the jury on the law of aggravated assault (and self defense). Having denied a basic element of assault with intent to kill with or without malice, appellant is in no position to complain for the failure of the court to charge on the law of murder without malice. The court gave appellant all he was entitled to under his testimony.
Under the authority of Bryant v. State, Tex.Cr.App., 482 S.W.2d 270, I dissent to a reversal of this conviction.