Gandy v. State

HAWKINS, Presiding Judge.

Conviction is for assault to murder without malice aforethought and punishment assessed at one year in the penitentiary.

This is the second appeal. The opinion on the first appeal will be found reported in (137 Texas Crim. Rep., 412) 129 S. W. (2d) 661.

The only questions presented are the contention that the evidence does not support the verdict and claimed errors in the trial court’s instructions to the jury.

The purported statement of facts on file here is endorsed as the original statement of facts. It is certified by the Court Reporter, but it is signed only by…