Patten v. State

DAVIDSON, Presiding Judge.

The jury allotted appellant ten years in the penitentiary for assault to murder.

The State’s case, in substance, is that two officers', Riney and Eight, were on duty on the streets of Houston, and saw a party in front of a door on the sidewalk who called somebody a "God damned son-of-a-bitch,” ánd as he did so holloed as loud as he could yell. The, officers, were within two-thirds of a block from the party making the remark. This -was on the public street. The party then came in the direction of the officers, and got within about two feet of Biney, who fook one or two…