Cheeks v. State

DAVIDSON, Judge.

This is a conviction for assault with intent to murder with malice, with punishment assessed at confinement in the penitentiary for two years.

Ill feeling had existed for some time between appellant and the injured party, who is the aunt of the appellant. The injured party had been adjudged by the magistrate to give a peace bond because of her conduct toward the appellant. A shooting difficulty had occurred five days prior to the instant assault.

According to the testimony of the injured party, the appellant, without justification or excuse, opened fire upon her with a shotgun,…