CARTER v. STATE

No. 40106.

412 S.W.2d 54 (1967)

James Byrl CARTER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied March 22, 1967.


Attorney(s) appearing for the Case

M. G. Nahas, Jr., Houston, for appellant.

Carol S. Vance, Dist. Atty., Phyllis Bell and Gene Miler, Asst. Dist. Attys., Houston, Leon B. Douglas, State's Atty., Austin, for the State.


OPINION

MORRISON, Judge.

The offense is aggravated assault on an officer; the punishment, 90 days in jail.

Trial was had before the court without the intervention of a jury.

In order to pass upon appellant's ground of error that his arrest was unlawful, it will be necessary to recite most of the testimony. Officer French testified that on the night in question he received radio instructions to go to a certain address (which was shown to be...

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