Brundige v. State

HENDERSOiST, Judge.

Appellant was convicted of assault with intent to murder, and his punishment fixed at two years confinement in the penitentiary; hence this appeal.

The proof shows that appellant, Dick Brundige, and T. M. Ballinger (prosecutor) were neighbors. On the night the assault is alleged to have occurred; it seems that the parties were in Alvarado, and were drinking. These parties, together with Williams, left town in prosecutor’s buggy going home—all living in the same neighborhood. According to the State’s theory, on the way appellant was boisterous and as he passed a house would…