Lester v. State

OPINION

DAVIS, Commissioner.

These are appeals from convictions growing out of an assault with intent to murder indictment.

Appellant Shea was found guilty of assault with intent to murder without malice, and the jury assessed punishment at one and one-half years. Appellant Lester was found guilty of aggravated assault, and punishment was assessed by the jury at two years (jail) probated.

A review of the testimony is deemed necessary in order that appellants’ contentions may be discussed with greater clarity.

Out of the presence of the jury, it was developed that a surveillance was established by…