Day v. State

CHRISTIAN, Judge.

— The offense is assault with intent to murder ; the punishment, confinement in the penitentiary for four years.

The testimony of the state was, in substance, as follows: Appellant came to the home of Vick Y. Barbo, the injured party, in a drunken condition. Barbo requested appellant to leave, and was forced to secure a pistol to keep appellant from coming into the house. Appellant left with the statement, in substance, that he would return in a little while with a pistol and fight it out with the injured party. In a short time appellant returned and fired several shots at the…