Smith v. State

DAVIDSON, Presiding Judge.

—Under an indictment charging assault with intent to murder appellant was convicted of aggravated assault, his punishment being assessed at a fine of $500 and ninety days imprisonment in the county jail.

The testimony shows rather an indiscriminate fight in which clubs and pistols seemed to have played a conspicuous part. The witness Poe, upon whom this assault was alleged to have occurred, testified that he was struck by appellant, and that he fired his pistol during the melee and perhaps shot off the finger of one of the crowd who was engaged in the fight.

The court…