Walker v. State

CARR, Judge.

On an indictment charging assault with intent to murder, the accused was convicted of assault and battery.

The evidence for the State tended to show that the appellant struck Mr. H. L. Barnett a severe blow on the head with a pistol. If the contention of the prosecution is to be accepted, the assault was unprovoked and without legal excuse.

The defendant admitted that he struck Mr. Barnett, but claimed that the lick was made only with his fist and this at a time when the injured party was reaching in his pocket for what the appellant surmised was some kind of weapon.

The difficulty…