Pittman v. State

KRUEGER, Judge.

The offense is assault with intent to murder with malice. The punishment assessed is confinement in the State penitentiary for a term of three years.

*265Appellant’s main contention is that the court erred in declining to instruct the jury to acquit him on the ground that the uncontroverted evidence shows that in shooting Cecil Stephens, he acted in self-defense. We are of the opinion that his position is well-taken. The State’s testimony shows that two days prior to the unfortunate occurrence, Mr. Stephens, the injured party, accompanied by his eleven-year old son, went up into’…