Bland v. State

ON state’s motion for rehearing.

KRUEGER, Judge.

The original opinion heretofore delivered on April 7, 1948, is hereby withdrawn and the following substituted therefor:

Appellant was given a term of three years in the penitentiary for an assault with intent to murder without malice, and he appeals.

The facts are confusing in that the State’s witnesses show an unprovoked attack by appellant and his brother upon Mr. Hanes, the injured party, and Mr. Shelton, while the defense shows an unprovoked attack by the two above-mentioned State’s witnesses upon appellant and his brother, Joe Bland.

On Sunday…