Love v. State

MORROW, Presiding Judge. —

The offense is assault to murder; punishment fixed at confinement in the penitentiary for a period of six years.

The State relied almost entirely upon the testimony of the injured party, Abe Roberts, for the conviction of the appellant.

The controverted question is that of malice and intent. In support of the theory that the injury was accidentally inflicted, evidence of the declarations of Roberts, which he denied making, was introduced by the defense. It was developed upon the motion for new trial by way of newly discovered evidence that Roberts was an unpardoned…