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KUGLER v. STATE

No. 01-93-01131-CR.

902 S.W.2d 594 (1995)

Cyrus Wain KUGLER, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Overruled May 11, 1995.

Discretionary Review Refused August 23, 1995.

Attorney(s) appearing for the Case

Timothy A. Hootman, D. Jennings Bryant, La Porte, for appellant.

John B. Holmes, Jr., Timothy G. Taft, David V. Wilson II, Monica Thursland, Houston, for appellee.

Before OLIVER-PARROTT, C.J., and HUTSON-DUNN and ANDELL, JJ.

OPINION

ANDELL, Justice.

A jury found appellant, Cyrus Wain Kugler, guilty of assault. Punishment was assessed by the trial court at 90 days in jail and a $350 fine. In two related points of error, appellant contends that the trial court erred by failing to grant a new trial and by refusing to give a requested jury instruction regarding polygraph testimony. We reverse and remand.

FACTS

Appellant was married to the complainant, Marsha Sue...

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