Shoffitt v. State, 17417.

• Decision Date: 01 May 1935
• Docket Number: No. 17417.,17417.
• Citation: 82 S.W.2d 379
• Parties: SHOFFITT v. STATE.
• Court: Texas Court of Criminal Appeals

82 S.W.2d 379

SHOFFITT v. STATE.

No. 17417.

Court of Criminal Appeals of Texas.

May 1, 1935.

Commissioners' Decision.

Appeal from District Court, Hall County; A. J. Fires, Judge.

G. W. Shoffitt was convicted of assault with intent to murder, and he appeals.

Affirmed.

See, also (Tex. Cr. App.) 77 S.W.(2d) 1049.

Lloyd W. Davidson, State's Atty., of Austin, for the State.

CHRISTIAN, Judge.

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

The trial was had in Hall county on a change of venue from Donley county.

It was charged that the assault was made on Guy Pierce. Pierce, who was sheriff of Donley county, testified, in substance, as follows: On the night of December 31, 1933, he observed a car with one light drive to appellant's home. Accompanied by Guy Wright, a deputy sheriff, he drove to the point where the car parked for the purpose of advising the occupant to fix his light. After parking his car he and Wright went to appellant's yard fence. He heard appellant and Bill Lott talking about whisky. As Lott was leaving the house he said to appellant: "I will be back after some more of this stuff in the morning." When Lott got outside the witness found a pint of whisky in his possession. He appeared to be intoxicated. Appellant came to the door and the witness asked him where his whisky was located. Appellant replied that he had no whisky, and invited the witness to search his place. He found a small bottle of whisky and seventy-five or a hundred empty fruit jars. He told Lott to go home. Lott requested that he return his whisky. He told him that he was going to deliver it to the grand jury and tell them what he had heard. As the witness and Guy Wright started toward their car the witness heard a noise. Looking around, he saw appellant advancing with a shotgun. The witness hollered to Wright that appellant had a gun. Wright said something to appellant, and appellant brought up the shotgun and shot at him and the witness. They returned the fire. Wright was wounded and fell to the ground. The witness picked Wright up and started toward the car. Appellant again opened fire on them with a six-shooter and a rifle. As they got in the car he fired one shot through the door. Appellant was wounded in the arm.

Appellant testified that he was a veterinarian; that on the occasion of the visit of the sheriff to his place he (appellant) and Bill Lott were talking about some medicine which he (appellant) used in his profession; that Lott had a small bottle of...