Washington v. State

OPINION

MORRISON, Judge.

The offense is assault with intent to murder with malice; the punishment, fifteen (15) years.

The injured party, John Lemons, testified that someone who looked like the appellant walked up to him and said, “Say man, have you got a dime?” Lemons replied that he did not. At this point, the assailant hit Lemons in the face with his fist. Lemons testified:

“Then when he hit me, I turned around and I hit him back and then he said — he said that he was going to ‘Stab this young m_ f_’ That’s what he said, he come out with the knife and we started fighting with the knife and he…