Martin v. State

(dissenting).—Appellant was convicted of assault with intent to murder, his punishment being assessed at two years confinement in the penitentiary.

All the issues are directly in conflict, viewed from the different standpoints of the evidence. Briefly stated, omitting details, the evidence shows that the defendant and two little nephews entered the restaurant belonging to the alleged assaulting party, Chasteen, and were taking lunch. A wordy altercation came up between appellant and Chasteen in which Chasteen throws the blame upon appellant and appellant throws the blame upon Chasteen. The…