Martinez v. State

DAVIDSON, Judge.

This is a conviction for assault with intent to murder with malice, with punishment assessed at seven years in the penitentiary.

The evidence shows that appellant, with a knife, inflicted upon the injured party multiple stab wounds in the chest and side, one of which penetrated the abdomen. The injured party was taken to a hospital, where he died some twenty days thereafter.

Before the introduction of any evidence, state’s counsel stated to the jury, in effect, that the injured party had died and that, because of that fact, the state could not call him as a witness; In that…