Lira v. State

Offense, assault to murder; ■penalty, two-years in the penitentiary.

Officers were called to a Mexican house where a disturbance was in progress. Arriving there, they found appellant armed with a pistol.. Asked to give it up, he refused, pointed a gun at one of them, and threatened to kill him if he came closer. He was pursued by the officers. As he fled, he fired back at or towards an officer who was some 120 to 150 feet away at the time. He ran under a house a short distance away. Told to come out, he did so without any further attempt to use his gun, which was voluntarily left by him under…