Wilt v. State

The appellant was convicted in a non-jury case of assault with intent to murder and sentenced to four years in the penitentiary. The only question raised is the sufficiency of the evidence.

There was a sharp conflict in the testimony as to who began the shooting affray. Wilt’s story was that after an argument at the home of his next door neighbor, Hay, he returned home and was lying on his bed when Hay and his stepson came and shot up his house. He then returned their fire with his shotgun. The houses were about 140 yards apart in a wooded area. Hay, his wife, and his stepson testified that…