CARTER v. STATE

No. 37634.

390 S.W.2d 271 (1965)

Horace CARTER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied April 28, 1965.

Second Motion for Rehearing Denied June 2, 1965.


Attorney(s) appearing for the Case

Bliss Daffan, Houston, for appellant.

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


WOODLEY, Judge.

Our opinion affirming the conviction is withdrawn.

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

The complaint and information alleged that David L. Cain and Horace Carter (appellant) committed the assault upon Robert Brooks. Severance was granted and Cain testified as a witness for the state.

The evidence shows that, following an argument between appellant and Brooks in a tavern, which...

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