This conviction was for aggravated assault.

The facts and the legal questions in this case are practically the same, if not identically _the same, as in the case of Caples v. State, 155 S. W. 267, this day decided. It is unnecessary to go into a further review of the questions involved. The assault was by several parties upon the alleged injured party and the facts and questions being the same were sufficiently reviewed in the Capíes Case.

The judgment is affirmed.