Smith v. State

CARR, Presiding Judge.

In the court below the accused was indicted and convicted on a charge of assault with intent to murder. He did not testify in his own behalf.

It appears that beginning rather early •on the night of the assault the appellant and an automobile traveling companion, James Albert Hayes, began to visit night spots. At one of these they came in contact with Clyde Davis. The defendant and Davis became involved in a dispute or quarrel.

A few hours later, while Davis was walking along a highway and the other two named parties were traveling the same road, the defendant drove his…