HOLLOWAY v. STATE

No. 30614.

324 S.W.2d 886 (1959)

J. A. (Jim) HOLLOWAY, Appellant, v. STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

May 20, 1959.


Attorney(s) appearing for the Case

Donald & Donald, Bowie, for appellant.

Leon B. Douglas, State's Atty., Austin, for the State.


WOODLEY, Judge.

The indictment charged that appellant, with a knife, did make an assault upon T. C. Barrett with intent to murder him.

The jury acquitted appellant of assault with intent to murder, but found him guilty of aggravated assault, and assessed his punishment at 6 months in jail and a fine of $1,000.

The difficulty facing the State is that the conviction does not rest upon a finding by the jury that appellant made an assault upon T. C. Barrett...

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