Davis v. State

Appellant was charged with the crime of assault with intent to kill, allegedly committed by shooting one Harold Weaver. Trial resulted in a verdict of guilty and punishment was fixed at imprisonment in the penitentiary for a period of 10 years.

The motion for new trial sets out eight assignments of- error, the first four of which are the usual stereotype declarations that the verdict is contrary to the law and the evidence. The other assignments are: (5) the verdict was.excessive; (6) the jury was prejudiced; (7) the evidence was insufficient; and (8) “that the defendant was in his home…