Nix v. State

CARR, Judge.

Appellant was indicted for the offense of assault with intent to murder and convicted of the lessor charge — assault with a weapon.

Without conflict in the evidence, the defendant shot, with a pistol, the party named in the indictment. She claimed self defense. The difficulty occurred on the inside of a cafe which at the time was being operated by appellant.

In view of the conclusions we have reached with reference to the questions presented by the record, it will not add any value to this opinion to set out the tendencies of the evidence.

In his closing argument to the jury, the…