Bailey v. State

OPINION

DICE, Judge.

The conviction is for assault with intent to murder with malice; the punishment, seven years’ confinement in the Texas Department of Corrections.

It was undisputed that appellant shot the injured party, Lionel Newman, with a .22 calibre rifle. Both parties resided in the community of Maydelle, in Cherokee County, and the shooting occurred on a road leading to certain lands in which appellant and another person — for whom the injured party had worked — had a boundary dispute.

On the day in question, the injured party and a companion drove in a pickup truck down the road for…