Hall v. State

KRUEGER, Judge.

The offense is an assault with intent to murder without malice. The punishment assessed is confinement in the state penitentiary for a period of two years.

Appellant, in due time, filed a motion for a new trial based on the ground that the evidence was insufficient to sustain his conviction. The court overruled his motion to which he then and there excepted and gave notice of appeal to this court.

It was the state’s theory, finding support in the evidence, that appellant and Allen Simpson, the owner of a beer tavern known as the Wagon Wheel, undertook to put E. M. Lee out of the…