Mitchell v. State

DAVIDSON, Presiding Judge.

Appellant was convicted of assault to murder and allotted a term of ten years in the penitentiary.

• The assault was committed upon his wife. The sharply contested issue of the case was whether appellant shot "his wife intentionally or accidentally or unintentionally. There were three eyewitnesses, defendant, his wife, and his brother Charley. Appellant’s contention was that it was an accident. His brother testified substantially in support of appellant’s theory. Bepeating the testimony of the various witnesses would serve no practical purpose.

The record contains…