Thompson v. State

MORROW, Judge.

Appellant under indictment for murder was convicted of an assault with intent to murder and his punishment assessed at confinement in the penitentiary for a period of two years.

The deceased was shot by appellant with a pistol, the bullet striking his leg below the knee, fracturing the bone. The evidence presented the theory that the death of deceased did not directly result from the wound but was caused by gross neglect. This was submitted to the jury and determined in appellant’s favor. The State predicated the view that appellant in shooting at deceased acted upon malice, from…