Smith v. State

OPINION

DALLY, Commissioner.

The offense is assault with intent to commit murder with malice aforethought. The jury assessed punishment at twelve years.

Although there are conflicts in the evidence, its sufficiency to support the conviction is not challenged. The evidence shows Clifton Hancock, the victim of the assault, was a former boyfriend of the appellant. The shooting occurred in a lounge where the parties had had a fight on at least one prior occasion. After threats were exchanged, Hancock was struck in the arm and back by two small caliber pistol shots fired by the appellant.

Appellant…