Mitchell v. State

HARPER, Judge.

Appellant was indicted by the grand jury of Potter County, charged with assault to murder. The venue was changed to Armstrong County, and when tried appellant was convicted of aggravated assault, and his punishment assessed at a fine of $500 and imprisonment in the county jail for one year.

The evidence is uncontradicted that appellant shot at one W. E. Brown three times, he claiming that Brown had killed his brother, and when he first saw Brown, Brown threw his hand to his hip pocket like he was going to draw a pistol, when he, appellant, fired and continued to shoot until Brown…