Court of Criminal Appeals of Texas January 10, 1968, No. 38860 (Burgett v. State)

OPINION

WOODLEY, Presiding Judge.

At a prior term of this court we affirmed this conviction for assault with intent to murder with malice. (Burgett v. State, Tex.Cr.App., 397 S.W.2d 79) However, the Supreme Court of the United States granted certiorari and reversed our decision. (Burgett v. State of Texas, 389 U.S. 109, 88 S.Ct. 258, 19 L.Ed.