Bussey v. State

PRENDERGAST, Presiding Judge.

Appellant was convicted of an assault with intent to murder and his punishment fixed at two years in the penitentiary. This is the second appeal in this case. The first is reported in 153 S. W. Rep., 874.

Appellant’s main contention now is, and he so contended on the other appeal, that the court should have submitted aggravated assault under subdivisions 7 and 8 of article 1022, Penal.Code. We have again carefully considered the evidence on this appeal. It is in no way substantially different from what it was on the other appeal. In fact, it is substantially the…