MORRIS v. STATE

No. 36087.

373 S.W.2d 495 (1963)

Jimmie MORRIS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied January 8, 1964.


Attorney(s) appearing for the Case

Joe J. Newman, Houston, for appellant.

Frank Briscoe, Dist. Atty., Carl E. F. Dally and Don Keith, Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.


BELCHER, Commissioner.

The conviction is for aggravated assault; the punishment, two years in jail and a $500 fine.

Earnest Sampson testified that on passing a cafe, a waitress asked him to come in, as she was alone with a man (appellant) who was sitting on a stool with his head resting on his hands on the counter. When he told the waitress he could not stay she said, "that man is sleeping over there, I am scared, would you mind waking him up before you leave...

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