Crippen v. State

PRENDERGAST, Presiding Judge.

Under an indictment and trial for an assault to murder J. R. Spillers, a police officer of Waco, appellant was convicted of an aggravated assault and his punishment assessed at two .years in the county jail.

The testimony on behalf of the State by a preponderance would show a most aggravated case of an assault with intent to murder—an attempted assassination—and would show such a state of fact as to exclude manslaughter if Spillers had been killed. On the other hand, by his own testimony, supported by some other, appellant showed such a state of fact as to show…