Sessums v. State

LATTIMORE, Judge.

Conviction for assault to murder"; punishment, two years in the penitentiary.

This is a second appeal. The opinion on the former appeal is reported in 72 S. W. (2d) 249 (126 Texas Crim. Rep., 402).

Appellant struck George Wells on the head with a double bladed axe. The doctor who examined Wells testified that the wound made was a sharp cut about three inches long, penetrating the skull and into the brain tissue. It appears from the testimony that while Wells did not die, he suffered an injury from which he would likely never recover. The testimony for the State showed an…