Owen v. State

McCORD, Judge.

Appellant was convicted in the court below for an assault with intent to murder and his penalty assessed at confinement in the penitentiary for five years.

Briefly stated, the facts show that on the 25th day of August, 1908, the justice of the peace of Precinct No. 7, Taylor County, Texas, issued a warrant of arrest for appellant upon an affidavit filed in his court charging appellant with assault upon a minor. This warrant of arrest was placed in the hands of the constable, Sam Smothers, and Smothers was apprehensive that he would have trouble in arresting appellant; he summoned…