Stewart v. State

PRICE, Judge.

Under an indictment charging assault with intent to murder his wife, Joyce Stewart, appellant was found guilty by a jury and his punishment fixed by the court at ten years imprisonment in the penitentiary.

For the State Mary Regulus testified Joyce Stewart was her daughter. Witness, the Stewarts and Milton Hunter, Joyce Stewart’s four year old son by a former marriage, all lived together in Birmingham. About 3:00 o’clock on the morning of February 28, 1955, witness was awakened by appellant entering the house by the back door. Shortly after he went into his bedroom and closed the…