Fair v. State

OPINION

DOUGLAS, Judge.

This is an appeal from a conviction for assault with intent to commit murder without malice. The punishment was assessed at one year.

The sufficiency of the evidence is not challenged. The State’s evidence reflects that three officers of the police department of the City of Lubbock armed with a search warrant for marihuana went to appellant’s apartment. As they arrived at the apartment complex a man yelled “police” and ran. The officers went to the door of appellant’s apartment, knocked and announced that they were police. Someone inside said, “Wait a minute.” The…