RHODES v. STATE

No. 41128.

427 S.W.2d 889 (1968)

James Henry RHODES, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied May 29, 1968.


Attorney(s) appearing for the Case

Vern F. Martin, Midland (court appointed), for appellant.

James A. Mashburn, Dist. Atty., Midland, and Leon B. Douglas, State's Atty., Austin, for the State.


OPINION

BELCHER, Judge.

The conviction is for the primary offense of assault with intent to murder with two prior convictions for felonies alleged for enhancement; the punishment, life.

Error is urged on the grounds that the trial court permitted a knife, not related to the offense, to be admitted in evidence, flourished before the jury, and used in the direct examination of Dr. LeBoeuf, all over appellant's objection.

The indictment alleged...

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