Mooneyham v. State

CARR, Presiding Judge.

On an indicment charging assault with intent to murder, the defendant was convicted of the lesser offense of assault with a weapon.

The accused and the alleged assaulted party, Mr. Byrd, with their respective families, lived next door to each other and had so resided for several years.

It appears that the two participants in the affray of instant concern were not on very congenial and friendly terms, and on at least two or three prior occasions they had engaged in arguments, disputes, and near-fights.

On the morning in question, according to the testimony of State’s…