Simms v. State

HARPER, Judge.

Appellant was indicted, charged with assault to murder, convicted and his punishment assessed at two years in the penitentiary.

A state of facts out of the ordinary is presented by this record from the State’s standpoint. No motive or suggestion of a reason for the shooting is shown unless it can be attributed to just a wanton act. Bay Wallace says he was crossing a bridge on his way home, when he saw appellant and another negro approaching the bridge horseback. That when they saw him they turned back, and he holloed to them to come on that he was not going to bother them; that…