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MOORE v. STATE

No. 24636.

227 S.W.2d 564 (1950)

MOORE v. STATE.

Court of Criminal Appeals of Texas.

Rehearing Denied March 22, 1950.

Attorney(s) appearing for the Case

W. W. Ballard, Wichita Falls, for appellant.

George P. Blackburn, State's Atty., of Austin, for the State.

WOODLEY, Judge.

Appellant was convicted of the offense of assault with intent to murder with malice and received the maximum punishment of fifteen years in the penitentiary.

Carl Abel was shot by appellant who fired three shots with a pistol. Abel was hit in the arm, the stomach and the head, but survived and testified at the trial.

The shooting took place at the apartment occupied by Abel and his wife shortly...

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