Toler v. State

Cook, J.,

delivered the opinion of the court.-

The appellant was convicted in the circuit court of Smith county on a charge of assault with intent to kill and murder, and was sentenced to the penitentiary for three years, and from this conviction and sentence this appeal was prosecuted.

The assault was alleged to have been committed upon Mrs. A. W. Ward, who lived with her husband about one mile from the home of the appellant and she is the only witness who testifies in regard to the facts of the alleged assault. She testified that, on the day the assault was alleged to have been committed, the…