Rodriguez v. State

DICE, Commissioner.

Upon his plea of guilty, a jury being waived, appellant was convicted of assault with intent to murder with malice and his punishment was assessed at confinement in the penitentiary for seven years.

At the trial, evidence was introduced by the state which showed that on the date alleged appellant was drinking beer at the Longhorn Ice Station in the city of San Antonio. The injured party and others were also at the place, drinking. After causing a disturbance and stating that he had “something to. hurt somebody with,” appellant was requested by the owner of the place to leave…