Yarborough v. State

The offense is assault with intent to murder; the punishment, confinement in the penitentiary for seven years.

W. B. Arthur, sheriff of Dickens County, testified, in substance, as follows: Having been advised that appellant was carrying a pistol, he went to a filling station for the purpose of arresting him. He told appellant he wanted to search him for a pistol. Appellant immediately drew his pistol and shot him in the side. Running around the corner of the building, appellant fired another shot which struck him in the hip. At this juncture, witness pulled his pistol and shot at appellant.…