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GAINES v. STATE

No. 39378.

400 S.W.2d 925 (1966)

Aubrey McGee GAINES, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

April 6, 1966.

Attorney(s) appearing for the Case

Lawrence R. Green, Dallas, for appellant.

Henry Wade, Dist. Atty., Harryette Bercu, Curtis D. Glover and W. John Allison, Jr., Asst. Dist. Attys., Dallas, and Leon B. Douglas, State's Atty., Austin, for the State.

McDONALD, Presiding Judge.

The offense is assault to murder with malice; the punishment, 10 years confinement in the Texas Department of Corrections.

The evidence reveals that appellant and Juanita Dodson lived together for about one year, and that this relationship was terminated on December 26, 1964, when the witness Dodson left appellant and moved into the residence of Mabel Choice, the complaining witness. At...

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