WOODLEY, Presiding Judge.
The offense is assault with intent to murder with malice; the punishment, 5 years.
All of the evidence shows that, while some 12 to 15 feet from Frank H. Fryer, appellant fired a shot from a shotgun striking Fryer in the muscle of the right arm. As a result Fryer remained in the hospital for two months and sustained permanent injury.
The evidence from the standpoint of the state shows that Frank H. Fryer was not armed and...
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