Gray v. State

BONE, Judge.

Appellant was indicted for the offense of assault with intent to murder. His jury trial resulted in a verdict and judgment of guilty, and the trial court sentenced him to the penitentiary for a term of ten years. Appellant made a motion for a new trial, which was overruled. From said judgment of conviction and sentence thereon, this appeal is taken.

The evidence for the State tended to show that on August 12, 1952, at about 8:00 or 8:05 P. M. the assaulted party, who is a brother-in-law of the appellant, heard a noise in his front yard. He came out into, the yard, looked around,…