Langley v. State

HAWKINS, Judge.

Conviction is for assault with intent to murder, punishment two years in the penitentiary.

The party assaulted was Otto House. In the indictment it is alleged that the weapon used in committing the assault was a shovel. The State’s evidence shows an unprovoked assault by appellant upon Otto House, the motive apparently being that appellant had been told that House had accused appellant of theft. Appellant was working upon the road, the tools used being grubbing hoes, or picks, and long handled shovels. On the day of the assault appellant had been using a grubbing hoe until a few…