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ALSTON v. STATE

No. 32051.

338 S.W.2d 723 (1960)

Astor ALSTON and Mrs. Astor Alston, Appellants, v. STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

October 5, 1960.

Attorney(s) appearing for the Case

Webb, Schulz & Stokes, by James F. Gruben, Abilene, for appellant.

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

WOODLEY, Judge.

Charged by separate complaint and information with having made an aggravated assault upon Octavia Tarpley, appellants were by agreement jointly tried. The jury found each of them guilty and assessed Astor Alston's punishment at one year in jail and a fine of $500, while Mrs. Alston was assessed a $500 fine.

The information against Astor Alston alleged that he unlawfully and wilfully "in and upon Octavia Tarpley did commit an aggravated assault...

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