Ceary v. State

This appeal is from a conviction of the appellant, John Ceary, Jr., for assault and battery with intent to kill and murder one Willie Bell. The proof on behalf of the State discloses that the defendant shot Bell with a pistol while the latter was riding on horseback along the highway in the nighttime. That he had commanded Bell to get down off his horse, and while he was dismounting the defendant fired one shot which entered his victim’s leg near the pelvis, broke the bone and permanently injured and crippled him.

He was wounded to such an extent that he fell to the ground and was unable to…