MASON v. STATE

No. 36438.

375 S.W.2d 916 (1964)

Alexander MASON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

March 4, 1964.


Attorney(s) appearing for the Case

Penrice & Johnson, by Robert L. Penrice, Waco, for appellant.

Thomas B. Bartlett, County Atty., Jack Welch (Special Prosecutor), Marlin, and Leon B. Douglas, State's Atty., Austin, for the State.


MORRISON, Judge.

The offense is aggravated assault on a peace officer; the punishment, two years in jail and a fine of $1,000.00.

Our prior opinion is withdrawn and the following is substituted in lieu thereof. Appellant was in jail on another charge, and asked to use the telephone. Since there was none in the jail, he was accompanied by several deputy sheriffs to their office where he used the telephone. After doing so, appellant lay down on the floor and...

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