Ex parte Muro

BELCHER, Commissioner.

On an appeal to this court from a conviction for assault with intent to murder, with punishment assessed at five years, the judgment was affirmed. Muro v. State, Tex.Cr.App., 387 S.W.2d 674. The record on appeal contains a statement of facts of the evidence.

The relator herein sought his release by writ of habeas corpus on the ground that Esther Ashmore testified as a witness on behalf of the state and after the judgment of conviction had become final she retracted her testimony. The writ was granted and a hearing was had, the writ being made returnable to this court in…