Sanders v. State

The defendant, t appellant, was convicted of. assault with intent to murder. The evidence for the state was directed to showing that Jim Smith was hitching two mules to a wagon, and that defendant passed him a short distance and without provocation turned and shot him twice with a gun.

The defendant- contended that Jim Smith had made threats to kill him, that Smith provoked the difficulty and “broke after the defendant,” that defendant ran a short distance, and, looking back, saw Jim Smith following- him with his hand in his bosom, cursing him, and telling him he -was going to kill him, and…