Linebarger v. State

OPINION

ROBERTS, Judge.

This is an appeal from a conviction for assault with intent to commit murder with malice. The jury assessed the punishment at 10 years and recommended probation, which the court granted.

The indictment alleged that on or about March 29, 1968, the appellant did “voluntarily and with malice aforethought in and upon Elton W. Williams make an assault with the intent then and there to murder the said Elton W. Williams.”

This is a companion case to Linebarger v. State, 469 S.W.2d 169, in which the appellant was convicted of making a similar assault upon Charles M. Dooley during…