Newton v. State

GRAVES, Judge.

Appellant was convicted for an assault with intent to murder Roy E. Hunt and by the jury assessed a term of two years in the penitentiary, and he appeals therefrom.

The main facts here proven are practically the same as those set forth in a previous trial and appealed to this court. See Newton v. State, (147 Texas Crim. Rep. 400) 180 S. W. (2d) 946. However, there are some few new facts shown and the omission of some further facts herein, both relating to the defense of alibi.

*502Relative to the facts, it is shown by a reproduction of Dr. Hunt’s testimony given in the former trial…