Brister v. State

DAVIDSON, Presiding Judge.

Appellant was convicted of a simple assault. Two errors are assigned: First, the court erred in refusing to give certain requested instructions; and, second, the insufficiency of the evidence to support the conviction.

The evidence shows: . That Rielly, the alleged assaulted party, was-traveling along in his wagon, when defendant hurriedly approached him. on horseback, and, when first seen, was about forty or fifty yards distant. As he approached nearer, he called out to Rielly, in an angry and threatening manner, at the same time spurring his horse to a more rapid…