Brown v. State

LATTIMORE, Judge.

Appellant was convicted in the district court of Matagorda County of assault to murder, and his punishment fixed at two years in the penitentiary.

It is shown that on the occasion in question both appellant and the injured party took part in a shooting. There had been a prior difficulty between them. According to the testimony of the State witnesses, Williams and his wife, the assaulted parties, in their wagon started to town to make complaint against appellant. Their route ran past appellant’s house, and fearing trouble they took a shotgun with them. While on their way…