Anderson v. State

MORROW, Presiding Judge.

Conviction is for assault with intent to murder; punishment fixed at confinement in the penitentiary for a period of five years.

Appellant struck Tom Daniels with an axe. This occurred at the home of Ora Neil. A dance was in progress. The parties, as well as the witnesses, were negroes.

Tom Daniels testified that while he was standing upon the gallery talking to Katie Austin, the appellant, without provocation, struck him with an axe. Daniels said that he was unarmed, and made no threat or demonstration.

Katie Austin, summoned by the State but used by the appellant,…