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HERNANDEZ v. STATE

No. 36182.

375 S.W.2d 285 (1963)

Jullan HERNANDEZ, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied January 15, 1964.

Second Motion for Rehearing Denied February 26, 1964.

Attorney(s) appearing for the Case

Hill, King & McKeithan, Mission, Gerald Weatherly, Laredo, for appellant.

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

WOODLEY, Presiding Judge.

Appellant was tried upon an indictment alleging that he made an assault upon Higinio Gutierrez, Jr., with the intent to murder him. The jury found him guilty as charged and assessed the minimum punishment of one year in the penitentiary.

The evidence, including the testimony of Gutierrez and the testimony and the confession of the appellant, shows that the appellant stabbed Gutierrez with...

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