Henry v. State

DAVIDSON, Judge.

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

According to the state’s testimony, the injured party, Smith, was seated in the balcony of a motion picture theatre. A girl friend of both appellant and Smith came into the balcony and took a seat next to Smith. About five minutes thereafter, appellant came into the balcony and asked the girl to go downstairs with him. She replied that she was not ready to go. Whereupon, appellant left the balcony and in a short time returned and said to the girl he “was ready to go.” Again she…