Rios v. State

DAVIDSON, Judge.

Appellant and his brother, Jesus Rios, were jointly indicted for assaulting H. H. King with intent to murder. 'A severance was granted and appellant was tried first, resulting in his conviction, with two years’ confinement in the penitentiary being assessed as punishment. - ' .

The indictment not having alleged that the assault was committed with malice aforethought, no higher grade of offense than that of assault with intent to murder without malice was charged.

An extended statement of the facts is not deemed called for. It is sufficient to say that, a short time prior to the…