Day v. State

BOOKOUT, Judge.

Assault with intent to murder; sentence: fifteen years imprisonment.

On Saturday, June 18, 1977, appellant and his wife hosted a gathering of friends at their trailer home. During the course of the day, appellant consumed several beers brought to the house by Jack Watkins, the victim in this case. Appellant and the victim engaged in target shooting for a good part of the afternoon. Afterwards, appellant and his guests went down to a strip mine pit filled with water where all the parties began swimming, with the exception of appellant who watched from the bank.

While the group was…