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HAYES v. STATE

No. 955-82.

728 S.W.2d 804 (1987)

Albert HAYES, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

April 29, 1987.

Attorney(s) appearing for the Case

Allen C. Isbell, on appeal only, Houston, for appellant.

John B. Holmes, Jr., Dist. Atty., and Winston E. Cochran, Jr., Asst. Dist. Atty., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON STATE'S MOTIONS FOR REHEARING

W.C. DAVIS, Judge.

Appellant was convicted of aggravated assault and was sentenced to five years' incarceration in the Texas Department of Corrections.

The First Court of Appeals, in an unpublished opinion, affirmed appellant's conviction holding, inter alia, that appellant's requested instructions on "deadly force" pursuant to V.T.C.A. Penal Code, § 9.32, and reckless conduct pursuant to V.T.C.A. Penal...

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