Shaddox v. State

John A. Fogleman, Justice.

This is the second appeal of this case. On the first appeal, the conviction of Shaddox of the offense of assault with intent to kill was reversed because of the refusal of the trial court to grant a mistrial for impropriety in the cross-examination of appellant by a special prosecutor. On the first trial, appellant’s punishment was fixed by the jury at five years imprisonment. Upon retrial, appellant was again found guilty of assault with intent to kill, hut the jury was unable to agree upon the punishment. The trial judge then sentenced appellant to three years in…