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DAVIS v. STATE

No. 29092.

306 S.W.2d 353 (1957)

Willie Lee DAVIS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied October 16, 1957.

Attorney(s) appearing for the Case

Carr & Clark, Burks & Brown, Lubbock, for appellant.

George E. Gilkerson, Dist. Atty., J. Collier Adams, Asst. Dist. Atty., Lubbock, and Leon B. Douglas, State's Atty., Austin, for the State.

DAVIDSON, Judge.

Under an indictment charging assault with intent to murder with malice, appellant was convicted of assault with intent to murder without malice and her punishment assessed at two years in the penitentiary.

The facts are well stated in a bill of exception, which the trial court approved without qualification. We adopt that as our statement of the case:

"Upon the trial the evidence was contradictory; the prosecution...

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