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BABB v. STATE

No. 28708.

297 S.W.2d 132 (1957)

Bobby Joe BABB, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

January 2, 1957.

Attorney(s) appearing for the Case

Droby & Stinson, by Robert H. Stinson, Jr., Dallas, for appellant.

Henry Wade, Dist. Atty., William F. Alexander and George P. Blackburn, Asst. Dist. Attys., Dallas, and Leon B. Douglas, State's Atty., Austin, for the State.

WOODLEY, Judge.

The offense is maiming; the punishment, 5 years.

The indictment alleged that appellant wilfully and maliciously deprived B. A. Jones of an eye by cutting into said eye with a handcuff.

Appellant moved to quash the indictment upon the ground that it did not allege which eye Jones was deprived of.

The overruling of this motion to quash the indictment is urged as the first ground upon...

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