Aguirre v. State

WOODLEY, Judge.

The offense is assault with intent to murder with malice; the punishment, two years in the penitentiary.

*418On a former day of this term appellant’s appeal was dismissed because no sentence had been pronounced. Aguirre v. State, No. 27090, 271 S. W. 2d 879, decided October 20, 1955.

Sentence having been pronounced and notice of appeal again given, the case is before us for disposition.

The state’s case was one of circumstantial evidence, some of the facts, relied upon having been presented by witnesses who were apparently not friendly to the state.

The prosecuting witness was shot…