WOODLEY, Commissioner.
Appellant was found guilty of the offense of assault with intent to murder with malice, under a count of the indictment charging such an assault by shooting a gun into a private residence. The jury assessed the punishment at 10 years in the penitentiary.
The injured party, Myrtle Payne, and appellant, though not married, had been living together. They separated, and Myrtle Payne went to live with her sister in an upstairs apartment....
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