Smith v. State

The plaintiff in error was convicted of assaulting his wife, Maud Smith, with his fist and striking out and destroying her right eye, with malicious intent to maim and disfigure her.

The evidence is undisputed that on the afternoon of the *50310th of August, Smith was intoxicated from drinking shine, and that he and his wife “were fussing and one word brought on another,” and he struck her in the face with his fist, causing an injury to her eye, which necessitated its being removed.

It appears from the record that they had not had any previous quarrels, nor was there any ill feeling between them.…