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SCOTT v. STATE

No. 29856.

317 S.W.2d 734 (1958)

Kelly SCOTT, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied October 22, 1958.

Attorney(s) appearing for the Case

Richards & Ferguson, Dalhart, for appellant.

Frank D. McCown, Dist. Atty., Dalhart, and Leon B. Douglas, State's Atty., Austin, for the State.

DAVIDSON, Judge.

This is a conviction for disfiguring, with punishment assessed at five years in the penitentiary.

Art. 1167, Vernon's Ann.P.C., is the statute under which this prosecution is brought. It reads as follows:

"Disfiguring. Whoever wilfully and maliciously places any mark by means of a knife or other instrument upon the face or other part of the person of another shall be confined in the penitentiary not less than two nor more than five...

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