Carroll v. State

E. D. Carroll was convicted of committing an assault with intent to murder by shooting J. M. Perry (a policeman) with a shotgun. He excepts to the judgment overruling his motion for a new trial.

J. M. Perry, the prosecutor in the case, testified, in substance, that “at first dark” on the night of October 1, 1930, the defendant, without provocation,' shot at him twice with a shotgun from a distance of about thirty-five yards, missing him the first shot, but striking him in the face, head, body, and limbs the second shot, with forty-six No. 6 shot; that about forty minutes before the *301shooting he…