Thompson v. State

Appellant was convicted of assault to murder, and his punishment assessed at two years confinement in the State penitentiary.

Charley Smith is the alleged assaulted party. The evidence shows Smith and appellant's farms joined. That the Branchville schoolhouse, located on a small plot of ground, was moved, when appellant and Smith both claimed the ground on which the school had stood. Words ensued and a bad state of feeling was engendered. It is shown that in a telephone conversation appellant said to Smith, "G__d d__n you stay off that land." Smith replied, "I expect if you will come over…