Moss v. State

DICE, Commissioner.

Assault with intent to murder with malice is the offense; the punishment, seven years in the penitentiary.

The state’s proof shows that appellant and the injured party, Frances Marie Mc-Elwee, had lived together as common law husband and wife in the city of Houston. During the month of December, 1961, a disagreement arose between them and they ceased living together. On December 12, which was a few days after their separation, appellant went to where the injured party was employed to talk with her about a reconciliation. The injured party got off from work around 12:30…