Browning v. State

Paul Ward, Associate Justice.

Leonard T. Browning, age 66, was charged with the crime of assault with intent to kill George Alford on July 11,1959, at the Union Station in Texarkana. The jury returned a verdict against Browning for aggravated assault and assessed as punishment a fine of $750 and 9 months in the county jail, and judgment was accordingly entered. Since we have concluded that reversible error was committed we will confine this opinion primarily to that point.

It is not denied that appellant shot and wounded Alford, but there is a sharp conflict in the testimony of the only two eye…