Wimbush v. State

Per Curiam: The sole question presented by this appeal is whether the ⁴⁸⁹ evidence was legally sufficient to sustain the conviction of the appellant for an assault with intent to murder. When the prosecutrix, who had lived with the appellant for more than a year, left him after an argument, took up her abode with relatives and began consorting with another man, the appellant apparently became apprehensive that the other man was replacing him. About two weeks after the separation, at a time when he was visiting the home of her relatives, the appellant, in an attempt to persuade the prosecutrix not to go out with the other man, began using abusive language and was ordered to leave the premises. A few minutes after he had been expelled, and while the prosecutrix was seated in an automobile with her sister, brother-in-law and the other man ready to drive off, the appellant approached the vehicle, opened first one door and then another, and continued his interrupted conversation with the prosecutrix, during which he renewed his plea that she forsake the other man.

She declined and he drew a revolver he had concealed about his person, fired at least three times at the prosecutrix and wounded her face, an arm and a hand. He then fled the scene, but