WOODLEY, Presiding Judge.
The offense is assault with intent to murder with malice; the punishment, confinement in the state penitentiary for 5 years.
On the night of the 15th of July, 1962, the injured party, Burton Glenn Howard, and a friend Perry Stacey were at the Meadowbrook Drive-In Theater in Fort Worth, Tarrant County, Texas. Attending the same theater was the appellant, Donald Ray Young, and his friend Drury Pierce. At some time during the evening...
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