Roper v. State

RICE, Judge.

Appellant, indicted for assault with, intent to murder one J. C. Fowler, was convicted of the offense of assault and battery. Code 1923, § 3299.

It appears that Fowler, the alleged assaulted party, and one Frank Roper, a son of appellant, and another, had had a difficulty some time before the occurrence giving rise to the prosecution here. At the time of that difficulty “defendant (appellant) was not present”; and did not know of it while it was going on.

Over the timely objection — due exception being reserved — of appellant, the state was allowed to introduce testimony showing the…