Burks v. State

DAVIDSON, Judge.

Assault with intent to murder Tom Mitchell is the offense; the punishment, two years’ confinement in the State penitentiary.

Appellant pleaded guilty, waived a trial by jury and submitted his case to the judge. He filed, and supported by proof, an application for a suspension of sentence.

The State’s testimony showed that appellant, without justification or excuse, while about 75 feet from Mitchell, fired upon him with a shotgun. The shooting occurred at the depot platform in 'Mt. Vernon. As the shot was fired or was about to be fired, Mitchell jumped behind a baggage truck.…