Boykin v. State

DAVIDSON, Judge.: Conviction is for assault with intent to murder upon malice aforethought; the punishment, five years in the penitentiary.

Appellant was a passenger in the taxicab driven by Bishop, the injured party. A dispute arose between them over the amount Bishop charged as the fare. According to the State’s- testimony, this dispute culminated in appellant’s shooting Bishop in the neck with a pistol without justification or excuse. The appellant, as a witness in his own behalf, testified that, during the argument and after he had protested as excessive the amount Bishop was demanding as…