Burgett v. State

DICE, Commissioner.

The offense is assault with intent to murder; the punishment, ten years.

The state’s evidence shows that the prosecuting witness, Weldon E. Bradley, was a deputy sheriff in charge of the jail in Hunt County. Appellant was a prisoner and inmate in the jail.

Bradley testified that on the day in question appellant called him around 5 p. m. and said that he wanted to use the telephone. Thereupon, the witness went to appellant’s cell and brought him out to the office area, where he used the telephone. After the call was completed, Bradley started back to the cell with appellant.…