Howle v. State

ON ITS MERITS.

CHRISTIAN, Judge.

A sufficient caption having been supplied, the appeal is reinstated and the case considered on its merits.

The conviction is for an aggravated assault under an indictment charging assault with intent to murder. On a former trial under the same indictment appellant was convicted of assault with intent to murder and his punishment assessed at two years confinement in the penitentiary. Upon appeal to this court the judgment was reversed. See Howle v. State, 114 Texas Crim. Rep., 612, 26 S. W. (2d) 651. The evidence adduced on the present trial is different in some…