Duncan v. State

KRUEGER, Judge.

The offense is an assault with intent to murder. The punishment assessed is confinement in the state penitentiary for a term of two years. This is the second appeal in this case; the opinion of this Court on the former appeal may be found reported in 123 S. W. (2d) 344.

On the former trial, appellant entered a plea of guilty, but on this trial, he sought to justify his act in shooting Mr. Jones on the theory that Jones had insulted Mrs. Lucy Whitehead, appellant’s sister. The State’s contention was that appellant became incensed because Jones ordered him to leave his barber…