Daniels v. State

DAVIDSON, Judge.

The conviction is for assault with intent to murder, without malice, with punishment assessed at confinement in the penitentiary for two years.

The sufficiency of the evidence to warrant the conviction is challenged.

That the appellant stabbed the injured party with a knife is not disputed. The attending physician described the wound inflicted and its location, as being a stab wound about two and one-half inches in depth, “slanting from near the inner part of the shoulder blade down and toward the back bone.” No body cavities were entered or bones struck. The instrument with…