Allen v. State

HAWKINS, Judge.

Appellant was convicted of assault, without malice, with intent to murder John Windsor; punishment being assessed at one year in the penitentiary. Article 1160, P. C., as amended by the Acts 42d Leg. (1931), p. 95, ch. 61.

Appellant and Windsor were neighbors iving on adjoining farms. Until the happening of the incident hereafter related, no animosity or ill-feeling between them is shown to have existed. Some time before the assault, Windsor claimed to have discovered a “bee tree” and claimed that he placed a mark thereon designating it as his, or as having been found by him. On…