Ballew v. State

Krueger, Judge.

The offense is assault with intent to murder; the punishment assessed is confinement in the state penitentiary for a term of four years.

The record shows that about 8 P. M. on November 10, 1937, officers, armed with a search warrant, went to the ap pellant’s residence to make a search for whisky. Appellant and his wife resided in the second story of a garage. When the officers arrived, they found the doors and windows locked but heard someone in the building and asked to be admitted. Receiving no response to their request, they broke a glass in one of the windows with a view to…