Rucia Harvey v. State

KRUEGER, Judge.

Appellant was convicted of the offense of an assault with intent to murder, and his punishment was assessed at confinement in the state penitentiary for a term of two years.

Appellant’s first contention is that the evidence is insufficient to justify and sustain his conviction. The testimony shows that on or about the 27th day of October, 1934, appellant, while engaged in repairing a public road running along the north side of Fount Crocker’s premises, cut down a pine tree standing near the road. Crocker contended that this tree stood on his land, that it was a shade tree and…