Brown v. State

LATTIMORE, Judge.

Conviction for assault with intent to murder; punishment, one year in the penitentiary.

We have concluded upon more mature consideration that our former opinion was in error, and same is withdrawn.

It appears that a Mr. Barge had sold an automobile, upon which he retained a lien to secure the unpaid part of the purchase money. Legal proceedings had been instituted to foreclose this lien. The car seems to have come into the possession of Willis Murphy. On the night of the alleged assault, according to Mr. Barge, Willis and Earl Murphy, accompanied by appellant, entered the…