WOODLEY, Judge.
The conviction is for assault with intent to murder with malice; the punishment, 10 years in the penitentiary.
R. L. Van Vleet, a Dallas Taxicab driver, was the assaulted party. He identified appellant at the trial as being the passenger who, upon being discharged at his destination, presented a pistol, asked for his money and said "this is it."
Van Vleet was out of the taxicab and had opened the doors for appellant when this occurred...
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