Davis v. State

DAVIDSON, Judge.

Under an indictment charging assault with intent to murder with malice, appellant was convicted of assault with intent to murder without malice and her punishment assessed at two years in the penitentiary.

The facts are well stated in a bill of exception, which the trial court approved without qualification. We adopt that as our statement of the case:

“Upon the trial the evidence was contradictory; the prosecution offering evidence that the defendant asaulted the prosecuting witness and cut her with a butcher knife, as a result of a fight emanating from the prosecuting witness’…