Melton v. State

OPINION

MORRISON, Judge.

Conviction is for assault with intent to murder with malice; the punishment, 25 years.

The sufficiency of the evidence is not challenged.

Ground of error number one urges that the trial court was not shown to be authorized to preside. Judge Louis T. Holland presided at this trial in lieu of Judge R. T. Scales, the regular judge of the court. We have only recently noted that Judge Holland is a qualified retired District Judge. Kincaid v. State, Tex.Cr.App., 500 S.W.2d 487. In Peach v. State, Tex.Cr.App., 498 S.W.2d 192, we held:

“The Court of Criminal Appeals will take…