STOCKARD, Commissioner.
By indictment appellant Tommy Lee Ransburg was charged with assault with intent to kill with malice aforethought, but was found guilty by a jury of assault with intent to kill without malice. The jury could not agree on the punishment and the court determined and assessed the punishment at imprisonment for a term of five years.
From the evidence offered by the State, the appellant having offered none, a jury reasonably could find that...
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