Court of Criminal Appeals of Texas November 16, 1955, No. 27,803 (Youngblood v. State)

MORRISON, Presiding Judge.

The offense is assault with intent to murder with malice; the punishment, three years and one day in the penitentiary.

According to the state’s testimony, one Forbus and three Corley brothers repaired to the “Deep Elm” on the Saturday night in question; shortly after their arrival they heard noises outside the building indicating that a fight was in progress, and they