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SETTLES v. STATE

No. 39225.

403 S.W.2d 417 (1966)

Leroy SETTLES, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

May 25, 1966.

Attorney(s) appearing for the Case

Porter, Madalinski & Mondin, by William M. Porter, San Antonio, for appellant.

Leon B. Douglas, State's Atty., Austin, for the State.

OPINION ON APPELLANT'S MOTION FOR REHEARING

MORRISON, Judge.

The offense is aggravated assault; the punishment, 90 days in jail. Trial was before the court without the intervention of a jury.

All prior opinions are withdrawn, and the following substituted in lieu thereof.

The evidence produced by the State reflected that on the night in question an automobile containing the appellant, Joe Vitela...

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