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257 S.W.2d 113

Gant v. State

Court of Criminal Appeals of Texas

Decided April 22, 1953

Court of Criminal Appeals of Texas · decided 1953-04-22

Decided 1953-04-22

WOODLEY, Judge.

¶1The conviction is for assault with intent to murder without' malice; the punishment one year in the penitentiary.

¶2Appellant shot his wife with a .22 pistol, one shot striking her in the arm and the other penetrating her intestines.

¶3The jury -rejected appellant’s claim of self-defense and lack of intent to- kill, but resolved the issue of malice against the state and assessed the minimum punishment.

¶4The sole exception relates to the closing argument of state’s counsel, the contention being that certain testimony was misquoted.

¶5In the light of the evidence adduced and the -punishment assessed the- argument, if improper, would not call for. reversal. -

¶6The judgment is affirmed. -

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