Clark v. State

HARPER, Judge.

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

The State’s case as testified to by Mr. and Mrs. George Bethard and their daughter, Miss Berta, is that they were in a wagon on their way home. They admit that Mr. Bethard had a gun in the wagon, but deny that he at any time attempted to use it. They say that appellant passed them in the road, and at that time a former difficulty was agreed to be dropped, and Mr. Bethard and appellant would be friends and speak when they met. That appellant rode on, and…