
    KING v. STATE.
    No. 17178.
    Court of Criminal Appeals of Texas.
    Jan. 23, 1935.
    John J. Pichinson, of Corpus Christi, for appellant.
    Lloyd W. Davidson, State’s Atty., of Austin, for the State.
   LATTIMORE, Judge.

Conviction for assault to rob; punishment, two years in the penitentiary.

The record is devoid of any bills'of exception. The facts are in a condition of conflict. The state’s testimony, if believed by the jury, unquestionably made out a case of assault' with intent to rob. The testimony for the appellant amounted to a denial of the state’s case and an effort to prove an alibi. The reconciliation of conflicts in testimony is a matter for the jury. The testimony of the state witnesses, if true, made out a complete case. The use of the word “attempt” in the indictment instead of the word “intent” does not vitiate same. Atkinson v. State, 34 Tex. Cr. R. 424, 30 S. W. 1064; Runnells v. State, 34 Tex. Cr. R. 431, 30 S. W. 1065.

No error appearing, the judgment will be affirmed.  