Court of Criminal Appeals of Texas January 15, 1964, 36355 (Rodriguez v. State)

DICE, Commissioner.

Upon his plea of guilty, a jury being waived, appellant was convicted of assault with intent to murder with malice and his punishment was assessed at confinement in the penitentiary for seven years.

At the trial, evidence was introduced by the state which showed that on the date alleged appellant was drinking beer at the Longhorn Ice Station in the city of San Antonio.