Killingsworth v. State

226 S.W.2d 635 (1950)

KILLINGSWORTH

v.

STATE.

No. 24563.

Court of Criminal Appeals of Texas.

January 4, 1950.

Rehearing Denied February 22, 1950.

E. B. Duggan, Houston, John P. Spiller, Houston, Spurgeon E. Bell, Houston, for appellant.

A. C. Winborn, Cr. Dist. Atty., Houston, E. T. Branch, Asst. Cr. Dist. Atty., Houston, George P. Blackburn, State's Atty., of Arstin, for the State.

GRAVES, Judge.

Appellant was convicted of an assault with intent to murder with malice and assessed a term of ten years in the penitentiary, and he appeals.

On the occasion in question (June 20, 1948) there were a number of…