Barnes v. State

Appellant was convicted of the offense of an assault with intent to commit murder with malice aforethought and his punishment was assessed at confinement in the State Penitentiary for a term of two years.

This is the second appeal of this case. In the first opinion, published in 130 Tex.Crim. Rep., 95 S.W.2d 962, the facts of the case are sufficiently and concisely stated and differ in no material respect from those which developed at this trial; therefore, we deem it unnecessary to restate them.

Appellant first complains that the court erred in declining to sustain his motion to quash the…