HART v. STATE

No. 38111.

393 S.W.2d 916 (1965)

Maxie Wayne HART, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied June 23, 1965.

Second Rehearing Denied October 13, 1965.


Attorney(s) appearing for the Case

Marion G. Holt, Nacogdoches, for appellant.

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


WOODLEY, Judge.

Tried upon an indictment alleging an assault with intent to murder with malice, appellant was found guilty by the jury of aggravated assault and was assessed a term of 9 months in jail and a fine of $500.

The sufficiency of the evidence to sustain the conviction for the lesser offense submitted to the jury in the court's charge is not questioned.

The assault was alleged to have been made upon Tommy Hutto. He testified that appellant...

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