Sheffield v. State

BEAUCHAMP, Judge.

The appeal is from a conviction for assault to murder without malice in which the jury assessed a three-year penalty.

Appellant and Rosetta Butler were friends and had been associating together prior to this trouble, but she had withdrawn her affections because, as she explained, she learned that he was a married man. In the late afternoon he accosted her on the street and told her that her brother wanted to see her. It *335is in evidence, too, that he was insistent in attempting to force her into a saloon nearby. Her resistence, according to his statement, was emphasized with a…