State v. Solis

WATSON, Chief Justice.

Appellant was convicted upon an information charging that, with intent to kill one Harper, he made an assault upon him with a pistol, shooting him twice. 1929 Comp. St. § 35-605. The plea was not guilty and appellant attempted to establish self-defense.

A state’s witness was permitted to answer a question as to Harper’s “condition now, as to whether he is able bodied.” The answer could throw little, if any, light upon appellant’s intent, and might weil have been excluded. However, Harper was in court and a witness, and his condition was fairly manifest to the jury. The…