Johnson v. State

MORROW, Presiding Judge.

—Conviction is for the offense of assault with intent to murder; punishment fixed at confinement in the penitentiary for a period of two years.

The facts, from the State’s standpoint, go to show that the appellant shot Phillis without provocation at the time. He stated im mediately after' the shooting that it was on account of Phillips’ mis-- . conduct towards appellant’s family.

Appellant’s theory, as developed from his testimony, was that he had been informed by his wife that Phillips had been guilty of insulting conduct towards her; that he had threatened to kill her…