Duncan v. State

RAMSEY, Judge.

Appellant was indicted in the District Court of Travis County, Texas, on a charge of assault with intent to murder one Hays Wicks. On trial he was convicted, and his punishment assessed at confinement in the penitentiary for a period of two years.

The testimony shows that Hays Wicks was a man well advanced in years and was almost completely blind and unable to distinguish persons or objects. The appellant was a young man, weighing about one hundred and ninety pounds. The evidence showed that appellant struck Wicks with a knife three or four inches long about the ear, inflicted an…