Fuller v. State

OPINION

DICE, Commissioner.

The conviction is for assault with intent to murder with malice; the punishment, three years.

Trial was after January 1, 1966.

The state’s testimony was undisputed that appellant shot the injured party with a .38 calibre pistol after the injured party had reprimanded appellant in a domino hall for making a statement that he (appellant) ought to go get his gun and kill everyone present. Both parties had left the hall and at the time of the shooting some twenty minutes later the injured party was standing at a street corner near a fire plug and appellant was standing, at…