Marr v. State

MORRISON, Judge.

The offense is assault with intent to murder without malice; the punishment, two years.

Neither of the participants testified. The injured party was killed in an automobile accident after the assault and prior to the trial. The testimony of state and defense witnesses presents no substantial conflict and may be summarized.

It was shown that the injured party and his companions had been to a dance the night before the assault, had slept in their automobile and presented themselves at appellant’s home early the next morning, where a drinking duel took place between the appellant…