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SMITH v. STATE

No. 29811.

314 S.W.2d 300 (1958)

John Alton SMITH v. STATE.

Court of Criminal Appeals of Texas.

May 21, 1958.

Attorney(s) appearing for the Case

Elmer McVey, Fairfield, W. A. Keils, Jr., Teague, for appellants.

Raymond Thornton, Dist. Atty., Belton, and Leon B. Douglas, State's Atty., Austin, for the State.

DICE, Commissioner.

The conviction is for assault with intent to murder with malice with two prior convictions of felonies less than capital alleged for the purpose of enhancement; the punishment, life imprisonment.

This is a companion case to Woolsey v. State of Texas, 314 S.W.2d 298, and the facts relative to the primary offense charged are substantially the same. Proof was made by the State of the two prior convictions...

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