Davis v. State

At a former day of this term we dismissed the appeal by reason of a defective record. The record has now been perfected. The appeal will be reinstated and the case considered on its merits.

Appellant challenges the sufficiency of the evidence to show an intent on his part to commit the offense of murder. The testimony adduced by the State, briefly stated, shows that between sunset and dark on the 8th day of March, 1939, appellant secreted himself under a shed to his barn, and when Henry Coleman drove up with a load of fire-wood in a truck and while in the act of unloading the same, appellant…