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CARTER v. STATE

No. 09 83 204 CR.

678 S.W.2d 155 (1984)

Larry CARTER, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Beaumont.

August 23, 1984.

Attorney(s) appearing for the Case

Gerald Holmes, Nederland, for appellant.

John R. DeWitt, Asst. Criminal Dist. Atty., Beaumont, for appellee.

OPINION

DIES, Chief Justice.

Appellant was indicted for attempted murder and injury to a child. When the case was called for trial, the State moved to proceed only on injury to a child. A jury found him guilty, and the jury assessed punishment at five years in the Texas Department of Corrections. Appellant perfects a review to this Court.

Ground of error number one follows: "The trial court committed reversible error by refusing to remove...

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