Choice v. State

BROOKS, Judge.

Appellant was convicted of assault to- murder, and his punishment assessed at four years confinement in the penitentiary.

This is the second appeal of this ease. The former opinion will be found in 52 Texas Crim. Rep., 285.

The facts, in substance, show that Jim Williams owned some hogs, and at night kept them penned in the bottom. Learning that some parties were going to steal or kill the hogs or drive them away, he secured the services of the constable and lay in watch for their anticipated trespass upon his property. As the prosecuting witness and the constable, in company with…