Carter v. State

Assault to rob is the offense ; punishment fixed at confinement in. the penitentiary for a period of four years.

According to the state’s evidence, J. W. Lindley, a street car motorman, was assaulted by Jack Henderson about 12 o’clock at night. Henderson used a pistol, of which Lindley got possession; both of them being wounded in the scuffle. At the time of the assault Lindley was on his street car, which *175was stopped, at the instance of Henderson, who was supposed to be a passenger.

Henderson was used as a witness by tbe state. He testified tbat be bad been tried and found guilty by a jury-…