Ex Parte Spiller

PRENDERGAST, Judge.

On May 6, 1909, relator was indicted by the grand jury of McCulloch County for the murder of A. C. Wike by cutting him with a knife. He was tried twice on this indictment. Either a mistrial was had on the first or a new trial granted, the record does not disclose which. The second trial occurred on March 4, 1911. On that trial the court correctly charged the jury on murder in the second degree, manslaughter, assault with intent to murder and aggravated assault. The jury found the defendant guilty of aggravated assault and battery and assessed his punishment “at thirty days…