Court of Criminal Appeals of Texas November 8, 1939, No. 20570. (Lucas v. State)

BEAUCHAMP, Judge.

The appeal is from conviction for assault to murder without malice. The penalty assessed is one year in the penitentiary.

Some months prior to the commission of the alleged offense the appellant and his wife had separated. There had been talk in the community, at least by the appellant, about the associations of the prosecuting witness, Carl Pye, with the wife of the appellant.