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BARNES v. STATE

No. 33879.

356 S.W.2d 679 (1961)

Herbert (Cat) BARNES, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied February 7, 1962.

Attorney(s) appearing for the Case

Charles S. McMillian and J. L. Smith (appeal only), San Augustine, for appellant.

William E. Carroll, Dist. Atty., Jasper, and Leon B. Douglas, State's Atty., Austin, for the State.

DICE, Commissioner.

The conviction is for assault with intent to murder; the punishment, 10 years confinement in the penitentiary.

The sufficiency of the evidence to support the conviction is challenged.

The evidence, viewed in its most favorable light to the State, reflects that on the night in question the injured party, Manse Mitchell, who was a night watchman for the City of San Augustine, went to a place in the City around 1 A.M., known as "Lillie...

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