Evans v. State

HARPER, Judge.

Appellant was convicted of assault to murder and his punishment assessed at five years confinement in the penitentiary.

Appellant introduced Stirks Williams as a witness, and among other things sought to prove by the witness that on the night of the difficulty he saw Charlie Taylor, the person shot by appellant, with a pistol. The witness testified: “I heard shots that night; I heard two shots and they were in rapid succession. I did not notice whether Charley Taylor had a pistol that night or not.” It will be noticed that the witness testified to no fact injurious to appellant,…