Holcomb v. State

HARWOOD, Judge.

This appellant stands convicted of assault and battery under an indictment charging assault with intent to murder.

The evidence presented by the State tends to show that appellant shot one Bill McGough as McGough was running away from appellant, the bullet striking Mc-Gough in the back.

There had been previous words between the two shortly before as McGough passed appellant’s home and made motions as though to throw gravel at a dog that had barked at him. Appellant ordered McGough to go on down the road, and when McGough told him he was not afraid of him or his dog, appellant had…