OPINION
DOUGLAS, Judge.
The brief of our able State's Attorney is adopted as the opinion of the Court.
"The appellant was convicted in the District Court of Nacogdoches County on June 11, 1970, of assault with intent to murder with malice aforethought, and his punishment was assessed by the jury at confinement in the penitentiary for a term of ten years.
"Briefly stated, the facts in the case show that Officers...
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