OPINION
DOUGLAS, Judge.
The conviction is for assault to murder with malice; the punishment, thirteen years.
The record reflects that John Wheeler was having dinner in the apartment of Myrtis Schulz when Marvin Schulz entered the apartment and shot Wheeler in an eye, in the back of the head and in the back. At approximately 4:30 o'clock that afternoon the appellant, who was divorced from Myrtis Schulz and who had visitation privileges with his young...
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