Burton v. State

MORROW, Presiding Judge.

Conviction is for assault with intent to murder; punishment fixed at confinement in the penitentiarfor two years.

The appellant and Avant; the injured party, are negroes. A short time before the alleged assault and on the same day, they had a difficulty in which, according to some of .the testimony, the appellant exhibited a knife and Avant a hatchet. They separated, both riding in automobiles. Appellant claims that on his way to a picture show after the separation, he was informed that Avant had' procured a gun and was warned against proceeding farther; that he…