Davis v. State

OPINION

PHILLIPS, Judge.

The offense is assault with intent to murder without malice; the punishment, three years.

In a per curiam opinion decided March 17, 1976, the appeal in this cause was dismissed because sentence was untimely pronounced. Appellant has been resentenced and the appeal is reinstated.

Although the sufficiency of the evidence is not challenged, a recitation of the facts is necessary in order to understand appellant’s contentions. Witness Brown testified that he and Bobbie Jean Wright were riding in Wright’s car on December 9, 1972. Brown offered to buy some gasoline and they…