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FULLER v. STATE

No. 39945.

409 S.W.2d 866 (1966)

J. B. FULLER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied January 18, 1967.

Attorney(s) appearing for the Case

Leighton Cornett, Paris, for appellant.

Jim N. Thompson, County Atty., M. D. Emerson, Asst. County Atty., Paris, and Leon B. Douglas, State's Atty., Austin, for the State.

OPINION

DICE, Commissioner.

The conviction is for assault with intent to murder with malice; the punishment, three years.

Trial was after January 1, 1966.

The state's testimony was undisputed that appellant shot the injured party with a.38 calibre pistol after the injured party had reprimanded appellant in a domino hall for making a statement that he (appellant) ought to go get his gun and kill everyone present. Both parties had left the...

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