Miller v. State

BEAUCHAMP, Judge.

The conviction was for assault to murder, with a penalty of ten years in the penitentiary.

Appellant, a negro boy, was «engaged in a quarrel with another negro in the colored compartment of a cafe operated by the prosecuting witness. With a desire to free his premises of the noise, the proprietor approached the parties and told them that they would have to quiet down or leave the room. The appellant made a remark back to him, which was quoted by several witnesses including the State’s witness, that was in effect telling him that if he, appellant, had to leave the witness would…