Carter v. State

MORROW, Presiding Judge.

Assault to rob is the offense, punishment fixed at confinement in the penitentiary for a period of four years.

According to the State’s evidence, J. W. Lindley, a street car motorman, was assaulted by Jack Henderson about twelve o’clock at night. Henderson used a pistol of which Lindley got possession, both of them being wounded in the scuffle. At the time of the assault, Lindley was on his street car, which was stopped at the instance of Henderson, who was supposed to be a passenger.

Henderson was used as a witness by the state. He testified that he had been tried and…