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MOSS v. STATE

No. 35211.

364 S.W.2d 389 (1963)

Warren Lee MOSS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

February 6, 1963.

Attorney(s) appearing for the Case

John W. O'Dowd, Houston, for appellant.

Frank Briscoe, Dist. Atty., Carl E. F. Dally, Theodore P. Busch and Carol S. Vance, Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.

DICE, Commissioner.

Assault with intent to murder with malice is the offense; the punishment, seven years in the penitentiary.

The state's proof shows that appellant and the injured party, Frances Marie McElwee, had lived together as common law husband and wife in the city of Houston. During the month of December, 1961, a disagreement arose between them and they ceased living together. On December 12, which was...

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