Smith v. State

WOODLEY, Judge.

Tried upon an indictment charging the offense of assault with intent to murder with malice, the jury found appellant guilty of assault with intent to murder without malice, and assessed his punishment at two years.

Appellant’s plea of self-defense, absence of intent to kill, and his application for suspended sentence Were rejected by the jury.

It is urged that the evidence is not sufficient to sustain the jury’s finding that the assault was made with intent to murder.

Allen, the injured party, was cut across the abdomen with a knife having a blade three inches in length. The wound…