Calverley v. State

OPINION

MORRISON, Judge.

The offense is assault with intent to murder a police officer under Article 1160a, Vernon’s Ann.P.C.; the punishment, life.

This is a joint trial of appellant and one Kruse. Only appellant’s appeal is before us here.

The evidence reflects that appellant and his co-defendant Kruse entered a wholesale grocery company and with pistols attempted to rob the persons there employed. When they were unable to secure any money, the two fled and were pursued for a distance. When overtaken, the shooting which is the basis for this prosecution occurred.

Appellant by his first ground of…