Schuler v. State

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

All of the evidence shows that, while some 12 to 15 feet from Frank H. Fryer, appellant fired a shot from a shotgun striking Fryer in the muscle of the right arm. As a result Fryer remained in the hospital for two months and sustained permanent injury.

The evidence from the standpoint of the state shows that Frank H. Fryer was not armed and made no attack upon appellant.

The appellant testified that he went with Fryer’s wife, but that her husband “never one single time ever caught us out any place or any drive-in…