Smith v. State, 102 S.W.2d 226 (Tex. Crim. App. 1937). · Go Syfert
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Alvin Smith
v.
State
No. 18433.
Court of Criminal Appeals of Texas.
Jan 20, 1937.
Published opinion
102 S.W.2d 226
1937 Tex. Crim. App. LEXIS 144
J. A. Kibler, of Waco, for appellant., Lloyd W. Davidson, State’s Attorney, of Austin, for the State.
Lattimore, Morrow.
Published

Lead Opinion

MORROW, Presiding Judge.

— Assault with intent to murder is the offense; penalty assessed at confinement in the penitentiary for two years.

This is a companion case to Cass Honey v. State, No. 18,434, this day decided. Upon the reason and authority of that case, the judgment in the present instance is affirmed.

Affirmed.

Rehearing

ON MOTION FOR REHEARING.

LATTIMORE, Judge.

— This is a companion case to Cass Honey v. State, No. 18434, opinion on motion for rehearing this day handed down (page 98 of this volume). An identical charge was given on the trial of this appellant, and the complaint in the motion for rehearing is the same. Our conclusion is the same.

The motion for rehearing is overruled.

Overruled.