YBARRA v. STATE

No. 27240.

275 S.W.2d 484 (1955)

Maximo YBARRA, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied February 16, 1955.


Attorney(s) appearing for the Case

Wm. A. Clifford, Lubbock, for appellant.

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


MORRISON, Presiding Judge.

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

Bill of exception No. 1 reflects that prior to the introduction of any evidence a conversation occurred, presumably at the bench, between the court and counsel. The district attorney asked the court to instruct appellant's counsel to refrain from injecting into the case any evidence that the injured party (Bitela) killed or was under indictment for having killed...

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