Summers v. State

OPINION

ONION, Presiding Judge.

This is an out of time appeal resulting from the failure to appoint counsel for this indigent appellant at the time of his original appeal in 1958. Appellant’s conviction for assault with intent to murder wherein the punishment was assessed at 15 years was affirmed by this court on original appeal. See 167 Tex.Cr.R. 124, 318 S.W.2d 661.

The facts of the case are there recited and need not be repeated in detail. Suffice it to say the record reflects that the appellant Summers, one Mulkey and one Nolan, all inmates of the Bexar County jail, were subpoenaed as…