BAILEY v. STATE

No. 41631.

434 S.W.2d 134 (1968)

Robert BAILEY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

November 27, 1968.


Attorney(s) appearing for the Case

M. M. Guinn, Rusk, Gordon Wellborn, Rex Houston, Henderson, for appellant.

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


OPINION

DICE, Judge.

The conviction is for assault with intent to murder with malice; the punishment, seven years' confinement in the Texas Department of Corrections.

It was undisputed that appellant shot the injured party, Lionel Newman, with a .22 calibre rifle. Both parties resided in the community of Maydelle, in Cherokee County, and the shooting occurred on a road leading to certain lands in which appellant and another person—for whom...

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