Lombardo v. State

OPINION

ONION, Presiding Judge.

In a separate trial the appellant was convicted as a principal by a jury for the offense of assault with intent to murder a peace officer with the court assessing punishment at forty-five (45) years in the Texas Department of Corrections.

In his first ground of error appellant challenges the sufficiency of the evidence to show that co-principal Stephen Mann had knowledge that Bob Boatright was a police officer when Mann shot him with a pistol.

The record reflects that at approximately 1 a. m. on June 22, 1971, Austin police officers Joe Park, Bob Boatright and…