Ricen v. State

HARPER, Judge.

This is the second appeal in this case, the former being reported in 58 Texas Crim. Rep., 457. Upon again being placed upon trial, appellant was convicted of an assault to murder and his punishment assessed at five years confinement in the penitentiary.

The evidence in the case is so fully set forth in the opinion on the former appeal, we do not deem it necessary to recite it here. The court, in compliance with said opinion, submitted the issue of aggravated assault in a proper charge.

The first contention of appellant is that the court erred in overruling his application for a…