Tanner v. State

Rudolph Tanner was indicted, tried and convicted in the circuit court of Smith County on a charge of assault and battery with intent to kill and murder one Wesley Dickerson, and was sentenced by the court to imprisonment in the state penitentiary for a term of five years. From that judgment he prosecutes this appeal.

Dickerson testified that he was in his yard about 4:00 o’clock in the afternoon cutting firewood, when.he was shot in the back with a bullet from a twenty-two rifle. The bullet entered the upper left side of the back, passed through the body and came to rest in the lower part of…