Johnson v. State

KRUEGER, Judge.

The offense is an assault with intent to commit murder. The punishment assessed is confinement in the State penitentiary for a period of three years.

This is the second appeal of this case. The opinion delivered on the former appeal may be found reported in Vol. 201 S. W. (2d) 832. There seems to be no material difference in the evidence adduced on his second trial- from that adduced on his first trial. The salient and material facts proved on the first *406trial are briefly stated in the former opinion to which reference is here made without stating the same.

The indictment,…