Aughts v. State

BELCHER, Commissioner.

The offense of assault to murder with malice was charged .in the indictment, but the jury found appellant guilty of assault to murder without malice and assessed his punishment at three years.

Smith Harris,.the injured party, parked his automobile in front of a cafe. His stepson, Andrew Johnson, who was with him, waited in the car while Harris was in the cafe. The appellant, who was alone, drove in .front of the cafe to park his car and it struck the one occupied by Johnson. The appellant got out and said to Johnson, “Get out of the car, nigger.” When Johnson stepped out…