Byrd v. State

DAVIDSON, Judge.

Assault with intent to murder without malice is the offense; the punishment, three years’ confinement in the penitentiary.

The scene of the assault was outside and near a beer tavern. The injured party, Vajdak, was constable of the precinct. Accompanied by Sebesta, he went to the tavern in his car. Some thirty or forty people were inside and outside the tavern. There was much talking and cursing by those, including appellant, outside the building. While seated in his car, Vajdak saw Dabney displaying a pistol. Giving Sebesta a pistol, he asked him to accompany and assist him in…