Kirk v. State

MORRISON, Judge.

The two prior opinions herein are withdrawn.

The offense is assault with intent to murder; the punishment, fifteen years.

In view of our disposition of this cause, a recitation of the facts is not deemed necessary.

Bill of Exception No. 1 complains of the argument of the assistant criminal district attorney in which he said: “He (defendant) has been to the penitentiary before. I know. I sent him to the penitentiary and I also helped him get out of other trouble.”

We have carefully searched the record before us and fail to find any evidence that the prosecutor making this argument…