Ammann v. State

DAVIDSON, Judge.

Assault with intent to murder is the offense; the punishment, 5 years in the State penitentiary.

Hensley, the injured party, was 32 years of age, 5 feet 10 inches tall, and weighed 150 pounds. Appellant, 57 years of age, weighed 211 pounds. His height is not revealed in the record.

The incident occurred at a cafe or beer tavern, on the outskirts of the City of Dallas, known as “Nan’s” about 11:00 A. M. April 3rd, 1941. Appellant operated a monument works next door to the cafe. Hensley, while not regularly in the employ of appellant, worked for him from time to time. On the night…