Gunter v. State

KRUEGER, Judge.

The offense is assault to murder with malice. The punishment assessed is confinement in the State penitentiary for a term of five years.

Appellant challenges the sufficiency of the evidence to sustain his conviction. The State’s testimony, briefly stated, shows that on the 13th day of May, 1939, the appellant and two of his sons came to the town of Midland. S. L. Box, the injured party, was also in town. At a time when the injured party was on the street in front of a barber shop talking to R. S. Culp and Charles Hedges, appellant’s son, Herman, walked *147up to Mr. Box, asked him…