Barnes v. State

GRAVES, Judge.

Appellant was given a penalty of ten years in the State prison for an assault to murder upon Dorothy Godley, hence this appeal.

The indictment contained four counts, the court submitting this cause upon the fourth count. Such count alleged, in substance, that appellant made an assault in and upon Dorothy Godley and shot at her, and that she died from shock and fright.

The deceased was a negro girl thirteen years old; her mother, and an old negro man, the girl Dorothy and a child were in an automobile, driving from Houston into Brazoria County, where Dorothy’s father and brothers…