Loyd v. State

HENDERSON, Judge.

Appellant was convicted of assault with intent to murder, and his punishment assessed at confinement in the penitentiary for a term of two years; hence this appeal.

The indictment under which appellant was convicted charged him with murder. The court submitted this issue, and also submitted assault with intent to murder. The proof justified this course, inasmuch as the testimony tends to show that appellant assaulted deceased with a pistol, and while he and deceased were engaged in a duel with pistols, the father of appellant came up and shot deceased with a shotgun, which…