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FIELDS v. STATE

No. 39269.

402 S.W.2d 740 (1966)

Willie Lee FIELDS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied April 20, 1966.

Second Motion for Rehearing Denied May 25, 1966.

Attorney(s) appearing for the Case

No attorney of record on appeal, for appellant.

Carol S. Vance, Dist. Atty., Edward B. McDonough, Jr., and Frank Price, Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.

WOODLEY, Judge.

The indictment under which appellant was tried was in two counts. The first count alleged an assault upon Ruby Lee Jackson with malice with the intent to kill her. The second count alleged an assault upon Ruby Lee Jackson with intent to ravish and have carnal knowledge of her without her consent.

At the conclusion of the evidence, the state elected to stand upon the first count.

The court, in his charge, submitted assault with intent...

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