Fields v. State

MORRISON, Judge.

The offense is assault with intent to murder; the punishment, 2 years.

Jimmy Ann Davis testified that she was at appellant’s cafe on the night in question and that an argument erupted between appellant and one Oscar Davis, who was with her; that she sought to placate the men but that, in spite of her efforts, appellant cursed her, pulled out a pistol and shot at her twice, one bullet penetrating her stomach. She testified that she made no overt gesture toward appellant and that she was not armed. She testified further that after the shooting everyone fled the cafe and left her…