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CLARK v. STATE

No. 27908.

286 S.W.2d 939 (1956)

George William CLARK, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

January 11, 1956.

Attorney(s) appearing for the Case

McKool & Bader, by Bert Bader, Dallas, for appellant.

Henry Wade, Crim. Dist. Atty., Thomas B. Thorpe and Charles S. Potts, Asst. Dist. Attys., Dallas, and Leon B. Douglas, State's Atty., Austin, for the State.

WOODLEY, Judge.

Appellant was charged by indictment with assault with intent to murder with malice, the indictment alleging that on or about July 15, 1954, he did "voluntarily and with malice aforethought make an assault in and upon Hurn Mitchell."

The jury rejected appellant's defense of alibi and his plea for suspension of sentence; found him guilty of assault with intent to murder with malice and assessed his punishment at three years confinement in the...

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