Court of Criminal Appeals of Texas April 27, 1971, 43671 (Williams v. State)

OPINION

ODOM, Judge.

This appeal is from a conviction for the offense of assault with intent to commit murder without malice; the punishment was assessed by a jury at three years.

First, appellant contends the trial court erred by overruling his motion for an instructed verdict of not guilty because the evidence of his identity “as the person who did the shooting” was insufficient.