BURGETT v. STATE

No. 38860.

397 S.W.2d 79 (1965)

James Cleveland (Jimmy) BURGETT, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

December 15, 1965.


Attorney(s) appearing for the Case

Harold F. Curtis, Jr., Floyd A. Hunter, Greenville, for appellant.

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


DICE, Commissioner.

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

The state's evidence shows that the prosecuting witness, Weldon E. Bradley, was a deputy sheriff in charge of the jail in Hunt County. Appellant was a prisoner and inmate in the jail.

Bradley testified that on the day in question appellant called him around 5 p. m. and said that he wanted to use the telephone. Thereupon, the witness went to appellant's cell...

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