Mathis v. State

OPINION

DOUGLAS, Judge.

This is an appeal from a conviction for assault with intent to murder. The punishment was assessed by the jury at twenty years.

The sufficiency of the evidence is not challenged.

The record reflects that the assaulted party, McClellan Chinn, lived at a boarding house in Houston. The appellant ate his evening meal at the house, drank some whiskey with a companion and later the two left. At approximately 1:30 a. m., the appellant returned and hollered for someone to open the door so he could get his clothes that he had left there. When Chinn opened the door the appellant…