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MITCHELL v. STATE

No. 35510.

365 S.W.2d 804 (1963)

James MITCHELL, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

March 20, 1963.

Attorney(s) appearing for the Case

Buck C. Miller, Houston, for appellant.

Frank Briscoe, Dist. Atty., Gus J. Zgourides and Gene D. Miles, Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.

DICE, Commissioner.

The conviction is for aggravated assault; the punishment sixty days in jail.

The complaint and information charged appellant with having committed an aggravated assault upon one William R. Gray, with a pistol, the ground of aggravation being that the assault was made with premeditated design and by the use of means calculated to inflict great bodily injury.

Gray, the injured party, testified...

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