Holloway v. State

MORROW, Judge.

The indictment and. conviction were for assault with intent to murder, and punishment fixed at confinement in the penitentiary for two years.

According to the State’s testimony, the appellant walked into the field where the injured party McCoy was at work. McCoy, as soon as he saw the appellant with a pistol, ran for his home, and was shot twice in the leg as he fled. His wounds were described by a physician. The appellant’s theory and testimony was to the effect that in approaching his home in an automobile, McCoy motioned to appellant to come to him, and on his doing so…