Shepherd v. State

HENDERSON, Judge.

Appellant was convicted of assault with intent to murder, and his punishment assessed at confinement in the penitentiary for a term of three years.

The record contains no statement of facts, but does contain an affidavit of appellant’s counsel as to his diligence to procure a statement of facts. Appellant shows by this that he made out a statement of facts and endeavored to get the district attorney to agree to said statement during the term. The district attorney refused, in the presence of the -court, to agree to the same. Appellant then procured a twenty-day order in which…