McMurrey v. State

HAWKINS, Presiding Judge.

Appellant was convicted of assault with intent to murder, punishment being assessed at two years in the penitentiary.

Appellant complains of the court’s action in submitting to the jury, over his objection, the issue of assault with intent to murder with malice. He contends that the evidence was insufficient to raise that issue. We are not in accord with this contention. Threats made by appellant against Wallace were proven. The evidence shows that on the morning of June 1, 1940, appellant assaulted Wallace with a pocket knife; stabbed him in the chest, in the side to…