Thomas v. State

Cecil Mack Thomas was charged by information with assault with intent to commit murder. He was tried by jury, found *546guilty and sentenced to ten years in the state penitentiary.

Briefly stated, the facts are that Thomas shot Freddy Smart in the back twice while Smart was carrying Jo Ann Myers on his shoulders near her apartment. The evidence showed that Smart had been keeping company with Jo Ann Myers for several years. Cecil Mack Thomas, the defendant, had been dating her for a few weeks. During the trial, Jo Ann Myers testified over defense counsel’s objection that Thomas tried to persuade…