Patterson v. State

This is an appeal from a conviction for the offense of assault with intent to murder. The alleged assaulted party is Robert Allen.

It appears that the two participants in the affray were drinking and, with some others, engaged in a dice game.

With reference to the assault the injured party testified: "Went out behind his place where they were shooting craps — shooting dice. I guess I lost four or five dollars. I quit. I said, I was drinking and I said, 'I am drunk,' and I laid down and went to sleep. When I woke up Bob was cutting on me."

Beyond question the prosecuting witness was severely and…