Thompson v. State

OPINION

BROWN, Commissioner.

Appellant was tried before a jury for the offense of assault to murder with malice. The punishment, assessed by the jury, was three years, probated.

On November 7, 1973, this Court by Per Curiam Opinion abated this appeal for further proceedings in accordance with Art. 40.09, V.A.C.C.P. Again by Per Curiam Opinion dated February 13,1974, this Court stated:

“The appeal is once again abated, and we hereby instruct the trial court to take the necessary steps under Art. 40.09, V.A.C. C.P., to see that appellant’s right to an appeal is preserved, and a brief filed on his…