Streets v. State

DAVIDSON, Judge.

Assault with intent to murder without malice is the offense; the punishment, two years in the penitentiary.

According to the State’s theory, B. W. Whitaker and his sister, Mrs. Sides, made an assault upon Dr. Johnson. Appellant joined in the assault and, while cursing and threatening to kill, pointed a, pistol at close range and snapped it at Dr. Johnson. Interference of bystanders prevented appellant from further pursuing his efforts to carry out the threat. Such facts are shown by the testimony of Dr. Johnson and three other withnesses. However, Dr. Johnson is the only…