Clark v. State

CALHOUN, Judge.

— Under an indictment for murder, the appellant was convicted of an assault with intent to murder, and his punishment assessed at fifteen years in the penitentiary.

This case grew out of the same facts which were before this court in (Texas Crim. App., unreported), 27 S. W. (2d) 211. On a former *327appeal by this appellant the case was reversed and remanded because of the failure of the indictment to charge the killing was done with malice aforethought and because of a conviction for murder with punishment of thirty-five years.

It appears that after the reversal of the case, a new…