Celeste v. State

BAKER, Judge. —

The appellant was convicted of assault with intent to murder, and his punishment assessed at seven years in the penitentiary.

The appellant was jointly indicted with John Celeste, Joe Celeste and Jimmie Ford for an assault with intent to murder upon one George Puccio on or about April 16, 1926. Under a severance, appellant was placed upon trial alone.

The record discloses that the injured party was a merchant; that on the night of the alleged offense Jimmie Ford, at the request of his companions, went into the prosecuting witness’ store and bought a package of cigarettes, giving…