Burkholder v. State

*541OPINION

TOM G. DAVIS, Judge.

Appeal is taken from a conviction for assault. After finding appellant guilty, the court assessed punishment at one year, probated.

On March 31, 1978, appellant accompanied Dawn Moody Epps to her former residence. As appellant stood waiting outside the house, Charles Lee Epps, Dawn’s estranged husband, drove into the driveway and got out of his car. Words were exchanged and appellant drew a pistol. Dawn then came out of the house and as she and appellant walked to his car, appellant fired a shot. Appellant testified he did not aim the gun at Charles but instead fired…