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CURRY v. STATE

No. 29340.

309 S.W.2d 438 (1957)

Weldon CURRY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

December 11, 1957.

Attorney(s) appearing for the Case

Burks & Brown, Lubbock, for appellant.

William J. Gillespie, County Atty., Lubbock, Leon B. Douglas, State's Atty., Austin, for the State.

BELCHER, Commissioner.

The conviction is for aggravated assault; the punishment, a fine of $500.

The alleged offense occurred in front of appellant's night club. The testimony of the state shows that E. J. Young struck Billy Russell, the alleged injured party, with his fist on the cheek bone, and knocked him down, then got on top of him, and that Don Goode had just pulled Young off Russell when the appellant came out of the night club and shot Billy Russell...

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