FELAND v. STATE

No. 30355.

323 S.W.2d 37 (1959)

Edward L. FELAND, Appellant, v. STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied April 1, 1959.


Attorney(s) appearing for the Case

Stevens, Ludtke & Tarrant, by O'Brien Stevens, Max Garrett, Houston, for appellant.

Dan Walton, Dist. Atty., Thomas D. White and Jon N. Hughes, Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.


WOODLEY, Judge.

The appeal is from a conviction for assault with intent to murder without malice; the punishment, 2½ years.

The indictment charged assault with intent to murder with malice.

The evidence shows and appellant himself testified that, while riding in an automobile traveling at a high rate of speed, appellant fired his shotgun three times aiming it at an automobile with five people in it which was some half a car length ahead and a...

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