Allala v. State

MORRISON, Judge.

The offense is assault with intent to murder; the punishment, 5 years.

The 370-page statement of facts may briefly be summarized by stating that the assault occurred at a tavern; the injured party testified that appellant and his brother made an unpro*460yoked attack upon him, during the course of which appellant shot him in the stomach with a pistol; the appellant and his witnesses testified that the injured party was engaged in assaulting appellant with a knife at the time he was shot.

The jury elected to accept the state’s version of the incident.

We shall now discuss the…