Yarborough v. State

CHRISTIAN, Judge.

The offense is assault with intent to murder; the punishment, confinement in the penitentiary for fifteen years.

The trial was held in Crosby county on a change of venue from Dickens county.

The opinion on former appeal is found in 84 S.W.(2d) at page 729. The testimony adduced upon the present trial was sub; stantially the same as that set forth in the opinion on the former appeal.

The only bill of exception found in the record is in question and answer form, without any certificate on the part of the trial judge showing the necessity for such form. Under the circumstances,…