Perry v. State

CATES, Presiding Judge.

Perry, convicted of assault with intent to murder and sentenced to four years imprisonment, appeals.

I

According to the State’s evidence, which the verdict impliedly adopted as credible, Perry twice cut Charlie Robinson. Perry testified that Robinson came at him with a drawn pen knife and that he pulled his case knife and Robinson ran into it.

We consider that the jury had before them a description of Perry’s knife and his two encounters using it. Hence, malice being a conclusion of fact there was evidence from which the jury could infer it beyond a reasonable doubt.

II

The…