Kirkland v. State

MORROW, Judge.

—Under an indictment for an assault with intent to murder, the appellant was convicted of an aggravated assault, and his punishment fixed at a fine of $500 and 30 days confinement in jail.

The appellant and the injured party both testified, giving conflicting testimony relating to the incidents immediately surrounding the transaction. The State used also an eyewitness by the name of "Wilson, whose testimony given upon the trial tended to corroborate that of the injured party. This witness" had been before the grand jury, and his testimony therein reduced to writing. It appears by…