Gandy v. State

KRUEGER, Judge.

The conviction is for an assault with intent to murder without malice. The punishment assessed is confinement in the state penitentiary for a term of one year.

The record discloses that appellant (Albert Gandy), Bill Gandy, Earl Rhodes and Hubert Harris all lived in the same community in Limestone County. It appears that each of them were engaged in farming. Hubert Harris, the injured party, had grown some watermelons. On the night prior to the day of the difficulty, Harris saw two men in his watermelon patch and when they discovered him, they undertook to leave, but he invited…