King v. State

dissenting opinion.

MORROW, Presiding Judge.

— The offense is assault with intent to murder; penalty, confinement in the penitentiary for eight years.

Earl Daniels was stabbed by the appellant. A pocket knife was used, the blade of which was about two and one-half inches long. The knife entered the breast of Daniels near the fourth rib. The blade was broken from the knife and afterwards taken out by a physician. The evidence sufficiently shows that the knife used was a deadly weapon. Daniels hit the appellant over the head with an automobile pump. The evidence is conflicting as to whether the…