Dickey v. State

MORROW, Presiding Judge.

Aggravated assault is the offense; punishment fixed at a fine of $250 and confinement in the county jail for a period of twelve months.

There was evidence that the appellant was a feeble man and much smaller than Miller, the injured party. A quarrel over a debt culminated in an affray in which the appellant shot his adversary. "

According to the appellant’s testimony, he had previously been threatened by Miller and on the present occasion, upon being accosted by Miller, appellant sought to avoid him when Miller, with an oath, said, “I got you this time,” and made a…