Gandy v. State

GRAVES, Judge.

Appellant was charged by indictment in the district court of Limestone County with assault to murder with malice. The offense is alleged to have been committed on the 16th day of July, 1938. The trial of the case was had on July 5, 1939, and the verdict of the jury resulted in finding the defendant guilty of assault to murder with malice and fixing his punishment at two years in -the State penitentiary.

The facts disclose that the prosecuting witness, Hubert Harris, lived within a few miles of the city of Groesbeck and *345was engaged in farming. He had a watermelon patch in which he…