Lindsey v. State

On Motion for Rehearing.

HAWKINS, J.

Appellant contends that the evidence is insufficient to support a conviction for assault with intent to murder, because Eason, the injured party, was some fifty or sixty yards away at the time appellant shot him with a shotgun loaded with squirrel shot.

Appellant had run Eason away from home the night before, threatening to get a gun and kill him. On the morning of the assault appellant first got an axe, and when Eason ran appellant seized a gun and shot him. Basquez v. State (Tex. Cr. App.) 26 S.W.(2d) 206, Hatton v. State, 31 Tex. Cr. R. 686, 21 S.W. (2d)…