DAVIDSON, Judge.
Assault with intent to murder is the offense; the punishment, three years in the penitentiary.
Appellant was the operator of a beer tavern, and, at this particular time, was engaged in playing poker with Day, the injured party, and with others. An argument arose between Day and appellant, as a result of which appellant told Day to leave the game if he did not like the way he was running it. Day agreed, gathered up his money, and left the game...
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