White v. State

ON REHEARING.

December 4, 1912.

HARPER, Judge.

— At a former day of this term this case was dismissed on account of a defective recognizance. Appellant files a motion to reinstate, and accompanies his motion with a recognizance in conformity with law and the rules of this court as announced in Burton v. State, 48 Texas Crim. Rep., 544, and the motion is granted.

Appellant was prosecuted, charged with assault with intent to rape, and when tried was convicted of an aggravated assault, and his punishment assessed at eighteen months confinement in the county jail.

The court instructed the jury that…