Blanton v. State

DAVIDSON, Judge.

Under an indictment charging appellant with the offense of assault with intent to murder with malice, appellant was convicted of such assault without malice and his punishment assessed at one year’s confinement in the State penitentiary.

The injured party, Nig Thurmond, testified to facts showing that appellant, without justification or excuse, shot him with a .38 caliber pistol. The bullet entered just under the left breast and emerged on the left side of the backbone. The shooting arose over and during a crap game which was in progress at the home of the injured party. Other…