Torres v. State

WOODLEY, Judge.

*225The conviction is for assault with intent to murder with malice; the punishment, five years in the penitentiary.

The undisputed evidence shows that both appellant and the prosecuting witness Louis Flores were armed with pistols; that appellant fired several shots, striking the injured party in both arms and in the abdomen. The bone of the left arm was shattered and the intestines perforated.

According to the state’s proof, appellant lured the prosecuting witness from a cafe into the darkness and attempted to rob him and shot the injured party Flores when he showed resistance.

The…