Daniel v. State

The defendant was charged with the offense of assault with intent to murder, and was convicted. He excepts to the overruling of his motion for new trial. The evidence, although sharply conflicting, authorized the jury to find that on the night in question a general disturbance and fighting were going on in the town of Willie. Some one telephoned the deputy sheriff, and in response thereto he went to the scene of the disturbance, and while the actual fighting seemed to be over when he arrived the deputy sheriff testified that Sank Smith was “boisterous and drunk, cursing and drunk, at the time…