Miller v. State

KRUEGER, Judge.

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

Appellant challenges the sufficiency of the evidence to justify and sustain his conviction of the offense of assault to murder without malice.

*421In order that this opinion may reflect the basis for our conclusion of the questions presented, we deem it proper to briefly state the salient facts proven on the trial.

It appears from the record that E. C. Shrum had rented a dwelling-house from the appellant in which he and his family resided; that on the…