Conviction in District Court of Rusk County of assault to murder, punishment two years in the penitentiary.
The state's testimony makes out a clear case of assault to murder; that of appellant a case of self-defense. There are four bills of exception, three of which evidence complaint of the refusal of three special charges. The charges complained of in bills of exception Nos. 2 and 3 attempt to group facts and apply the law to them in a manner which makes them obnoxious to the rule against charges on the weight of the testimony. We conceive the charges referred to in bill of exceptions No. 1 to be entirely covered by the main charge. Bill of exceptions No. 4 was taken to the overruling of motion for new trial and in arrest *Page 335 of judgment, and we perceive nothing in same to call for any discussion by this court.
Finding no error in the record, the judgment will be affirmed.
Affirmed.