Churchill v. State

MORRISON, Presiding Judge.

The offense is assault with intent to murder; the punishment, five years.

The shooting occurred outside a beer establishment after closing hours. Roush, the injured party, who was shot in the stomach, testified that he and Miss Melcer and her father were talking and listening to his automobile radio when the appellant, seated nearby, commanded him to turn his radio off; that he refused and the appellant stated that he himself would silence it; that when he started toward his automobile to prevent the appellant from interfering the appellant shot him with a 41 caliber…