Hignett v. State

*343WOODLEY, Judge.

The offense is assault with intent to murder with malice; the punishment, 15 years.

A prior trial resulted in a conviction with punishment assessed at 10 years. Such conviction was reversed because the state called appellant’s wife as a witness against him. Hignett v. State, (168 Tex. Cr. Rep. 380) 328 S.W. 2d 300.

The indictment alleged that the assault was made upon Barbara Lynn Hignett.

The evidence shows that Barbara Lynn was the three months old baby daughter of appellant.

Dr. Willis J. Bray, an Abilene physician, whose qualifications were stipulated, testified that he…