Fleming v. State

PRENDERGAST, Judge.

Appellant was convicted of an assault with intent to murder, and assessed the lowest punishment.

The preponderance of testimony would show that appellant went to the house of Pink Evans, the assaulted party, .at about 1:30 o’clock at night. Evans and his family were in bed asleep. That appellant called him to the door and without any provocation shot him with a pistol, a flesh wound, in his left side. And the testimony would clearly justify his conviction.

However, appellant testified that he went to Evans’ house at the time indicated for the purpose of waking up a daughter…