Short v. State

HAWKINS, Judge.

— Appellant, with several other co-defendants, was charged with having committed an assault upon one J. B. Denby with a pistol while unlawfully carrying the same. Appellant was convicted, and his punishment assessed at a fine of $1,000.

The alleged injured party testified as follows:

“My name is J. M. Dendy. I spell my name ‘D-e-n-d-y.’ You all use it ‘J. B. Den&y,’ but my name is ‘J. M. Dendy.’ My name is not at all Den&y. It is Dendy. My initials are not ‘J. B.’ My initials are ‘J. M.’”

The State later recalled witness and he was interrogated upon the same point and testified…