Richards v. State

GRAVES, Judge.

Appellant was charged with an assault to murder on Mrs. Leona Sloan, and upon his conviction for an assault to mürder without malice he was awarded a penalty of one year in the penitentiary; from a judgment predicated thereon he appeals.

The State’s testimony shows that on July 5, 1943, Mrs. Sloan and her husband owned a cafe in the town of Milano. This was a small eating- place, and at the time in question same was filled with soldiers who were being served by the cafe proprietors. Appellant and a companion came into the cafe and sat down on one of the stools at the counter.…