Tommy Windham v. State

The states evidence shows an assault made by the appellant with a knife upon the injured party, Raymond Goza, on the night of February 13, 1955. It is shown that on the night in question the injured party, in company with his girl friend, Beverly Paxton, had gone to a show and had returned to her home. As he was standing on the porch talking to her, the appellant, who had driven up in a car, came up on the porch behind Goza with a knife in his hand and told him he wanted to talk to him and to get in the car. Goza testified that, as he walked from the porch towards the car, the appellant followed behind him with a knife in his back; that when they had gotten about half-way to the car he turned around and tried to shove the appellant away, at which time the appellant cut his shirt and then cut his throat. He further testified that at the time he was not armed with a knife or any other weapon.