OPINION
DAVIS, Commissioner.
This is an appeal from a conviction for assault with intent to murder with malice. Punishment was assessed by the jury at seven (7) years.
The record reflects that appellant shot James Martin, Chief of Police of Wake Village, at the home of one Norma Jean Eddy during the early morning hours of July 23, 1969. Prior to the shooting, Mrs. Eddy had called Martin relative to trouble she had with appellant earlier in the evening...
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