Hughes v. State

PRENDERGAST, Judge.

— Appellant was indicted for an assault with intent to murder. In the first trial he was convicted of an aggravated assault. That conviction on appeal was reversed by this court and is reported in 62 Texas Crim. Rep., 288.

A sufficient statement is made on the former appeal to render it unnecessary to further restate the case on this appeal.

When the cause was called in the District Court for this trial the appellant made a motion to transfer the case to the county Court, contending that as appellant now could be tried and convicted only of an aggravated assault, which is a…