KIRK v. STATE

No. 26471.

261 S.W.2d 721 (1953)

KIRK v. STATE.

Court of Criminal Appeals of Texas.

November 4, 1953.


Attorney(s) appearing for the Case

H. S. Beard, Pat Beard, Waco, for appellant.

Wesley Dice, State's Atty., of Austin, for the State.


MORRISON, Judge.

The two prior opinions herein are withdrawn.

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

In view of our disposition of this cause, a recitation of the facts is not deemed necessary.

Bill of exception No. 1 complains of the argument of the Assistant Criminal District Attorney in which he said: "He (defendant) has been to the penitentiary before. I know. I sent him to the penitentiary and I also...

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