Sadberry v. State

DAVIDSON", Judge.

Appellant was convicted of an assault with intent to murder, and his punishment assessed at confinement in the penitentiary for a term of two years; hence this appeal.

When the case was called for trial, he filed a plea of former conviction, setting up the facts. His plea alleges that he had been previously convicted for the same offense under an indictment charging him with an assault with intent to murder J. F. Death. The indictment in this case charged the assault to murder to have been upon J. B. Death. Under the first indictment he was convicted, and his punishment…