Ybarra v. State

MORRISON, Presiding Judge.

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

*119Bill of Exception No. 1 reflects that prior to the introduction of any evidence a conversation occurred, presumably at the bench, between the court and counsel. The district attorney asked the court to instruct appellant’s counsel to refrain from injecting into the case any evidence that the injured party (Bitela) killed or was under indictment for having killed one Charraria twenty days before the date charged in the instant indictment at a point twenty-five or thirty feet from the appellant’s…