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PHILLIPS v. STATE

No. 28221.

288 S.W.2d 775 (1956)

Billy Van PHILLIPS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

April 4, 1956.

Attorney(s) appearing for the Case

Rex Emerson, Odessa, for appellant.

Leon B. Douglas, State's Atty., Austin, for the State.

MORRISON, Presiding Judge.

The offense is assault with intent to rape; the punishment, two years.

Our able State's Attorney has confessed error herein. By bill of exception No. 2 it is shown that the appellant was not present when his motion for new trial was overruled, that he was in jail, and that he did not waive his right to be present at the proceedings. His presence is requisite under such circumstances. Article...

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