Rhodes v. State

DAVIDSON, Presiding Judge.

This conviction was for assault to murder, the minimum punishment being assessed.

The facts show that appellant and his wife were not living together. He went to the residence of his wife where their two children were also living, and while there made an assault upon her by shooting at her with a pistol. After appellant shot at her she ran and he chased her in the front yard and a scuffle ensued, during which the wife said she heard the pistol click. She finally succeeded in taking the pistol away from him. The same facts are substantially in evidence by another…