Clayton v. State

CATES, Judge.

Clayton was convicted of assault with intent to murder Willis C. Summerlin. He was sentenced to five years in the penitentiary.

Tendencies of the State’s evidence were that Clayton was a passenger in an automobile which drove up to Summerlin’s house. Summerlin testified that (R. 7) “about 5 :30 in the evening a car pulled up and blowed the horn.” Going outside, Summerlin was confronted by Clayton who got out of the car with a rifle which he pointed at Summerlin. While Summerlin attempted to push the gun away, the rifle fired and a shot hit Summerlin in the kneecap.

Clayton did not…