Minor v. State

MARTIN, Judge.

Appellant was convicted of assault to murder, penalty two years in the penitentiary.

Many antecedent acts showing ill-will on the part of appellant towards the prosecuting witness, M. C. Boren, appear in the record. The testimony as to the facts of the difficulty in question and those immediately preceding it, is conflicting. Prosecuting witness, Boren, testifies that he found a dead man on the road and after leaving there someone shot at him several times near a gate a short distance from the body of the dead man. It was dark and he did not see nor recognize the party who did…