Rose v. State

MORROW, Presiding Judge.

Assault with intent to murder is the offense; penalty assessed at confinement in the penitentiary for twelve years.

It is claimed by the state, and affirmed by W. R. Muse, that an assault to murder upon the said Muse was made upon the 29th day of September, 1930, in the city of Marshall, Texas. The testimony of Muse and others is sufficient to support the finding of the jury that the assault was made by the appellant with the intent to kill Muse. By a number of witnesses, including Tex Rhodes, the appellant set up the defense of alibi, claiming that at the time of the…