Brown v. State

DAVIDSON, Judge.

Assault with intent to murder without malice is the offense; the punishment, confinement in the penitentiary for a term of one year.

The offense was alleged to have been committed by appellant firing a shotgun into the house of the injured party. Some of the shot passed through a screen door and a wooden door and struck the injured party in the face, shoulder, and neck.

It is insisted that, under the facts, the appellant was entitled to have the jury instructed upon the law of simple assault. A proper exception was reserved to the failure of the trial court to do so.

Where the…