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CUNNINGHAM v. STATE

No. 38091.

391 S.W.2d 430 (1965)

Joe CUNNINGHAM, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied May 26, 1965.

Second Motion for Rehearing Denied June 23, 1965.

Attorney(s) appearing for the Case

Pena & Leopold, by L. Aron Pena, Edinburg, for appellant.

R. L. Lattimore, Dist. Atty., John F. Dominguez, Asst. Dist. Atty., Edinburg, and Leon B. Douglas, State's Atty., Austin, for the State.

McDONALD, Presiding Judge.

The offense is aggravated assault; the punishment, a fine of $300.00.

The information alleged the injured party to be a decrepit person and the accused to be a person of robust health and strength, which brought the offense within the terms of Subdivision (4) of Art. 1147, Vernon's Ann.P.C.

In view of our disposition of this case we shall not relate the details of the assault.

The complaining witness, Robert A. McElroy...

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