Turner v. State

RAMSEY, Judge.

—On April the 25th of this year, in the District Court of Nacogdoches County, appellant was by a jury found guilty of assault with intent to murder, and his punishment assessed at confinement in the penitentiary for three years. From this judgment of conviction he has prosecuted an appeal to this court.

The evidence shows without dispute that on the morning of April 17, 1910, appellant, in the town of Nacogdoches, shot A. J. Spradley, sheriff of the county, in the back of the neck at a bakery shop where Spradley had gone to make some purchases. The assault was wholly unprovoked.…