Scarber v. State

BEAUCHAMP, Judge.

The appeal is from a conviction for assault to murder, with a sentence of two years in the penitentiary.

The prosecuting witness had lost a dog and had made inquiry for it which created an impression on the part of appellant that he was being accused of stealing the dog. Appellant got a Negro, Willie Fitzpatrick, to go with him to the home of the prosecuting witness and, according to the state’s evidence, he cursed and abused the prosecuting witness who resented the language used toward him, which resulted in a fight during which appellant cut his antagonist several times with…