Faubian v. State

MORROW, Judge.

Appellant was indicted for assault with intent to murder on one Garrett, convicted of aggravated assault, and his punishment fixed at a fine of $400.

Appellant owed Garrett an account. Garrett had met him some two weeks before the difficulty and demanded payment. On the occasion of the difficulty appellant had started to his place of business with a hammer in his hand and was invited by one of the witnesses to ride to town in his car. The witness told appellant he was going to get gasoline at Garrett’s .garage, stopped his car for that purpose and asked appellant to get out so…