Harper v. State

Marshall, Judge.

Appellant was tried and convicted by jury upon the evidence and legally correct instructions for the commission of the offense of aggravated assault by unlawfully shooting one Reynolds with a pistol, the same being a deadly weapon. He was sentenced to five years imprisonment. The evidence for the prosecution, if believed, clearly and compellingly established that appellant without lawful reason or excuse at a nightclub insulted Reynolds and accepted an invitation to go outside the club at which the shooting occurred to settle the matter. At the door to the club, while the two…