Kincaid v. State

KRUEGER, Judge.

The conviction is for the offense of an assault with intent to murder with malice aforethought. The punishment assessed is confinement in the State penitentiary for a term of two years.

There are no bills of exception complaining of the admission or rejection of any evidence or any objection to the court’s charge. Appellant’s only contention is that the evidence is insufficient to sustain his conviction. The solution to this question depends upon the evidence adduced upon the trial.

The record reflects that on the afternoon of the 22nd day of December, 1945, appellant created…