Rodriquez v. State

BELCHER, Judge.

Appellant was convicted of assault with intent to murder with malice upon Rudolph Vargas, and his punishment was assessed at three years in the penitentiary.

In view of the disposition we make of this case, it is not necessary to here set out the facts.

The evidence raised the issue of an attack upon appellant with an iron pipe. In the event the jury found that an attack was made upon appellant with an iron pipe, then the evidence raised the further issue of whether the character of the iron pipe and the manner of its use was reasonably calculated to produce death or serious…