
    DODSON v. STATE.
    (No. 10456.)
    (Court of Criminal Appeals of Texas.
    Dec. 8, 1926.
    Rehearing Denied Jan. 26, 1927.)
    Homicide <®=o257(l,), 354 — Conviction for assault with intent to murder, with punishment assessed at three years in penitentiary, held proper.
    Evidence held sufficient to support conviction for assault with intent to murder, with punishment assessed at three years in the penitentiary, where defendant stabbed brother-in-law in back on street.
    Appeal from District Court, Kaufman County; Joel R. Bond, Judge.
    J. R. Dodson was convicted of assault with intent to murder, and he appeals.
    Affirmed.
    Wynne & Wynne, of Kaufman, for appellant.
    Sam D. Stinson, State’s Atty., of Austin, and Robt. M. Lyles, Asst. State’s Atty., of Groesbeck, for the State.
   HAWKINS, J.

Conviction is for assault with intent to murder; punishment being three years’ confinement in the penitentiary.

The record contains no bills of exception complaining of any procedure during the trial. The assault is alleged to have been committed upon one Charlie Butler. 1-Ie and appellant were brothers-in-law, and the relations between them had been unpleasant for several years. Upon the day of the assault Butler was in the city of Terrell, passing along a public street upon a business mission. Appellant came out of a store where he worked, walked up behind Butler, stabbed him in the back with a knifé, and then cut him in the face as he turned. Butler was unaware of appellant’s presence until stabbed. We are unable to find in the evidence anything which would have excused the jury in finding appellant guilty of a less offense than assault -with intent to murder. The punishment assessed appears to be fully justified under the facts.

The judgment is affirmed.  