Rodriguez v. State

BEAUCHAMP,, Judge.

Appellant was assessed a penalty of two years in the penitentiary on an indictment charging him with assault to murder.

The evidence discloses that appellant was engaged in weighing for a number of Mexican cotton pickers in McCullough County. On the date of the crime several Mexicans had gone to a swimming place in an automobile. Before they got out of the car the appellant approached in another car. He took a .410 gauge single barrel shotgun from the automobile in which he was riding and approached the other car, displaying it in such manner as to raise a protest from some…