Presley v. State

The plaintiffs in error were jointly indicted, tried and convicted for an assault with intent to commit murder in the first degree. The punishment assessed against J. D. Presley is confinement in the penitentiary for not less than three years nor more than eleven years. The punishment assessed against Herman Presley is the minimum term of three years, fixed by law for the offense of an assault with intent to commit murder in the first degree.

The contention urged in support of the appeal of J. D. Presley is that the evidence fails to sustain a conviction for assault with intent to commit…