James v. State

BROOKS,-Judge.

Appellant was convicted of assault to murder and her punishment assessed at two years. confinement in the penitentiary.

When this case was called for trial the indictment was lost. The district attorney suggested its loss and proceeded to substitute the indictment, thereupon appellant insisted that the court should' give him two days after the substitution, in which to file pleadings and prepare for trial. The bill of exceptions does not show that appellant was in jail or that a bill of indictment had not been served upon him, and the State insists, by reason of this fact, that…