Stone v. State

MORROW, Presiding Judge.

—Appellant appeals from a conviction of assault with intent to murder; punishment fixed at confinement in the penitentiary for a period of two years.

That appellant, using a pistol, shot the prosecuting witness Moss twice is a conceded fact. The evidence touching the attending circumstance was conflicting, the State’s theory being that the appellant accosted the injured party, asked him whether he had made a certain statement, and receiving a negative reply, he, using an oath, drew his pistol, which first snapped but afterwards fired twice, striking Moss in the…