Bennett v. State

LATTIMORE, Judge.

Conviction for assault to murder; punishment, two years in the penitentiary.

Appellant and the man at whom the State claims he shot were both negroes. Appellant had been living for a good many years with a woman by whom he had a child. The State claims that sometime before this trouble appellant met the injured party, and asked him if he was going with said woman, and when the injured party said he was not, — appellant said to him “If I thought you was I would kill you.” The uncontroverted testimony further shows that not long after the above conversation Clifford Etheridge,…