Lee v. State

Appellant was indicted, tried and convicted of an assault with intent to kill and murder. The indictment charged that the appellant “. . . an assault did make in and upon the body of one Jack Lee Kizziah, Jr., with his hands, and did then and there take hold of and choke him, the said Jack Lee Kezziah, Jr., with means and force likely and sufficient to produce death. ’ ’

The court reporter died before his notes were transcribed and the testimony is before this Court in the form of a special bill of exceptions. On March 6, 1955, appellant was living with his wife and two children, one child…