Elliott v. State

The defendant, appellant, was indicted and tried for 'assault with intent to murder, and was convicted of a simple assault, and fined $300.

The evidence for the state tended to show that about 7 o’clock in the evening of January 22, 1921, the prosecuting witness, Charley MeAlpine, went to the home of the defendant in response to an invitation from defendant’s wife to come over to her house in order that she might tell him about some threatened harm to him; that he went to the back porch, where he saw Mrs. Elliott; .that he stepped on the porch, she opened the screen door, and invited him in;…