Wingate v. State

OPINION

ROBERTS, Judge.

The appellant was convicted of assault with intent to murder. Punishment was assessed at five years.

Eight grounds of error are alleged.

A discussion of the evidence is necessary since certain facts are in dispute. On May 17, 1970, at approximately 1 a. m., Nathaniel Moore was shot while at Charlie’s Cafe in Beaumont. Calvin Johnson, an uncle of Moore’s, testified that while inside the crowded cafe, someone pushed him, and as a result, he brushed against appellant. Appellant asked Johnson, “what the hell he was doing?” and Johnson replied that it was an accident and that…