Mullen v. State

Upon the trial of the appellant for an assault with intent to murder, the evidence tended to show the following state of facts : The accused followed the prosecutor to the steps of his house, cursing him. As the latter, standing on the portico, was about to enter the room, the accused came up stealthily behind him and seized a gun in his hand, which was loaded, and with a cap on the tube. After a struggle he wrested it from him, and jumping back, presented it at him, snapping it three times, but it did not fire. He examined it deliberately. There was no cap on it. He took from his vest pocket…