Herrington v. State

CHRISTIAN, Judge.

The offense is assault with intent to murder; the punishment, confinement in the penitentiary for one year.

Jim Wood, the injured party, and appellant were not on good terms. On the occasion of the alleged assault they met in the town of Quitaque. According to the version of the State, Wood said to appellant: “Put your gun down. I don’t want any trouble. I just want to tell you how low down and dirty you are and then you can go.” Wood’s father, who was present, seized a tire tool and told appellant if he pulled a pistol he would knock his head off. As appellant was leaving the…