OPINION
MORRISON, Judge.
The offense is assault to murder with malice; the punishment, twenty-five (25) years.
By ground of error number one appellant contends that the court erred in permitting the Honorable Jim J. Hatcher to act as special prosecutor in this case. This trial was held in March 1972. Appellant sought to disqualify Hatcher on the ground that Hatcher had represented appellant in 1967, as a retained attorney in a felony case in another...
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