Hernandez v. State

WOODLEY, Presiding Judge.

Appellant was tried upon an indictment alleging that he made an assault upon Hig-inio Gutierrez, Jr., with the intent to mur*286der him. The jury found him guilty as charged and assessed the minimum punishment of one year in the penitentiary.

The evidence, including the testimony of Gutierrez and the testimony and the confession of the appellant, shows that the appellant stabbed Gutierrez with the instrument introduced in evidence.

The instrument is described as a Japanese letter opener. The blade is a bit more than }4 inch wide at the handle; is 2⅞ inches long and has a…