Hit and Run leads to shooting

[jbarn]

Aggravated assault
There is no 'attempted murder' penal code. Penal code 19 covers homicide and murder, but you actually have to kill the person to be charged with one of the offenses.

Beat me to it!

If the person is dead, it ain't attempted. If you shot the person's eye out and he ain't dead, wouldn't that be attempted murder?

No! At least not in Texas.
If it were the law, you would have to prove that the person intended to kill the person.
In this case, the suspect shot at the car, not at a particular person.
It would be hard to prove that the suspect aimed and shot at any particular person with the intent to murder [kill] them.
IANAL, but that is my opinion.

Actually to prove murder you do not have to prove intent to kill.

Texas Penal Code
Sec. 19.02. MURDER. (a) In this section:...
(b) A person commits an offense if he:
(1) intentionally or knowingly causes the death of an individual;
(2) intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual; or
(3) commits or attempts to commit a felony, other than manslaughter, and in the course of and in furtherance of the commission or attempt, or in immediate flight from the commission or attempt, he commits or attempts to commit an act clearly dangerous to human life that causes the death of an individual.

That is why I said "If it were the law, you would have to prove that the person intended to kill the person."

You said shooting a persons eye out would not be attempted murder. Do you disagree it COULD be attempted murder?

They may be attempting to murder the person. However, what is the penal code to charge them with for 'attempted' murder?

Keith, see my post on the first page of tnis thread. There is "criminal attempt" that can be applied to other offenses, like murder.

[Keith B]

Keith, see my post on the first page of tnis thread. There is "criminal attempt" that can be applied to other offenses, like murder.

I see what you are saying. The charge would be 'criminal attempt' to commit murder though, as there is no official charge of 'attempted murder'. And with attempt you have to prove intent to commit the act, so the agg. assault is easier to prove.

[jbarn]

Keith, see my post on the first page of tnis thread. There is "criminal attempt" that can be applied to other offenses, like murder.

I see what you are saying. The charge would be 'criminal attempt' to commit murder though, as there is no official charge of 'attempted murder'. And with attempt you have to prove intent to commit the act, so the agg. assault is easier to prove.

Yes.