Lackey v. State

PRICE, Judge.

The appellant was indicted for and convicted of assault with intent to murder.

The evidence presented by the state tended to show that defendant and Jesse Lackey, the alleged assaulted party, were brothers. Jesse Lackey had died before the date of trial.

It was the theory of the state that ill feeling existed between defendant and Jesse Lackey on account of the provisions of the last will and testament of'their late father. Defendant testified he had unsuccessfully contested his father’s will.

Mrs. Mae Lackey testified her husband, Jesse Lackey, was operating a mercantile…