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HUNTER v. STATE

No. 38051.

395 S.W.2d 614 (1965)

Charnell HUNTER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied December 1, 1965.

Attorney(s) appearing for the Case

Percy Foreman (on appeal only), Houston, King C. Haynie (on appeal only), Houston, for appellant.

Frank Briscoe, Dist. Atty., Carl E. F. Dally, James C. Brough and Joe Maida, Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.

MORRISON, Judge.

The offense is assault with intent to murder; the punishment, five years.

This case is identical in all respects to the relatively recent case of Malek v. State, 385 S.W.2d 389.

Notice of appeal was given on November 12, 1964. On March 23, 1965, after the expiration of the 90 day period provided by Section 4 of Article 759a Vernon's Ann. C.C.P., the trial court entered an order extending the time...

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