LUKE v. STATE

No. 26907.

266 S.W.2d 153 (1954)

LUKE v. STATE.

Court of Criminal Appeals of Texas.

March 31, 1954.


Attorney(s) appearing for the Case

Martin & Shown, Houston, for appellant.

William H. Scott, Dist. Atty., King C. Haynie, Asst. Dist. Atty., Houston, Wesley Dice, State's Atty., Austin, for the State.


DAVIDSON, Commissioner.

This is a conviction for aggravated assault; the punishment, one year in jail.

The injured party was the former wife of the appellant. He had obtained a divorce from her in 1951. At the time of the alleged offense, they were common law husband and wife. The injured party testified that on the date alleged appellant came into her bedroom and, while she lay asleep, struck and beat her with a pistol. As a result of the injuries inflicted...

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