Cavarrubio v. State

’MORRISON, Judge.

The’offense is assault with intent to murder; the punishment, tWÓ • years.

The state’s witnesses testified that the appellant, without provocation, shot Ishmel Bustillios three times while at a drinking establishment, that one bullet severed his spinal column, as the' fésult of which the injured party was totally and permanently paralized from the shoulders down. According to these witnesses, there had been no prior difficulty between the parties and the injured party made no hostile gesture prior to being shot.

Appellant and his witnesses testified that the injured party had…