Schultz v. State

Appellant was convicted of assault to murder, and his punishment assessed at five years’ confinement in the penitentiary.

The evidence would show that appellant, *317Frank Zaiontz, D. C. O’Neil, Oliver Magrew, Arthur Hardt, 'Hugo .Speiss, and appellant’s brother, Albert ’Schultz, all met at the saloon of Henry Dobsky, at Dobskyville, in Goliad county. Hugo Speiss called Frank Zaiontz a “rabbit.” Words followed, when appellant offered to loan Speiss a knife, saying he had two knives. Words then ensued between appellant and Zaiontz, and appellant started towards Zaiontz, and Zaiontz knocked him…