Davis v. State

The appellant was indicted for an assault with intent to murder, convicted, and given the lowest penalty.

The difficulty out of which this case grew was over a game of craps. The appellant and Tab, whom appellant was charged with assaulting to kill, were engaged in the game. A dispute thereabouts arose between them. The testimony of the state, in effect, shows that appellant shot directly at Tab with his pistol under such circumstances as to clearly show that he did so with the intent to kill Tab, and submitted, in effect, this theory of the case to the jury.

Among other defenses by the…