Benavides v. State

CHRISTIAN, Judge.

The offense is assault with intent to murder; the punishment confinement in the penitentiary for ten years.

For the purpose of impeaching appellant the state asked him if he had not formerly been indicted for murder and also for assault with intent to murder. Appellant admitted that he had been indicted, but declared that the indictments had been dismissed, although he had been ready for trial. The district attorney had filed motions to dismiss the indictments on the ground that the evidence was too uncertain to expect a conviction, and the judgments of dismissal had been…