¶1The two prior opinions herein are withdrawn.
¶2The offense is assault with intent to murder; the punishment, fifteen years.
¶3In view of our disposition of this cause, a recitation of the facts is not deemed necessary.
¶4Bill of Exception No. 1 complains of the argument of the assistant criminal district attorney in which he said: “He (defendant) has been to the penitentiary before. I know. I sent him to the penitentiary and I also helped him get out of other trouble.”
¶5We have carefully searched the record before us and fail to find any evidence that the prosecutor making this argument had ever helped the appellant out of any other trouble. When he made such argument the prosecutor injected a new and harmful fact into the case, in violation of Article 667, C. C. P.
¶6The appellant’s second motion for rehearing is granted, and the judgment is now reversed and the cause remanded.