Burks v. State

Appeal from the District Court of Collin. Tried below before Hon. J. E. Dillard. Appeal from a conviction for assault with intent to murder; penalty, two years imprisonment in the penitentiary. The indictment charged appellant with making g,n assault, with malice aforethought, on O. Powell, on the 18th of October, 1897, and shooting at him with a pistol with intent to kill and murder him. In brief, the evidence shows that Powell, the assaulted party, had worked for the defendant Burks on his farm, and claimed that Burks owed him for twenty-one days’ work, which Burks denied, claiming that he…