Diaz v. State

MORRISON, Judge.

The offense is assault with intent to murder; the punishment, 2 years.

There is no material conflict between the testimony of the state’s witnesses, the defense witnesses, appellant’s confession, and his testimony. They show that the appellant and the injured party had had prior difficulties, that on the night in question the 14-year old brother of the injured party had cursed or used impudent language toward the appellant and that the appellant had struck the boy, who went home and reported the incident to the injured party. The injured party went in search of the appellant…