W. G. Burks v. State

Summary

The Court of Criminal Appeals of Texas reversed the conviction of W. G. Burks because, after entering a guilty plea before a trial judge, the State introduced evidence that raised a genuine issue of lack of intent to kill, which negated the element of assault with intent to murder. The Court held that under the statutory amendment a conviction cannot stand when such evidence is presented, and the case was remanded for further proceedings.