Catlett v. State

HARPER, Judge.

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

There are but two questions raised in the motion for new trial— one is that the evidence is insufficient to sustain the verdict, and the other is that the court erred in failing to give a special charge requested. Substantially the case for the State is, on the morning of the alleged assault (which occurred just .before daylight) appellant was at the home of his father, his mother being sick. In the early morning, about five or six o’clock, the assaulted…