BEAUCHAMP, Judge.
Appellant was convicted by a jury which assessed his punishment at one year in the penitentiary on a charge of assault with intent to murder without malice.
Appellant lived in and conducted a beer joint in a building which he had rented from Mrs. Stringfellow. East of this building was a vacant lot which, it appears, he claimed as a part of the rented premises. Beyond that the injured party, Mr. B. A. Phillipi, resided and had so resided...
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