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SCHMIDT v. STATE

No. 42357.

449 S.W.2d 39 (1969)

Oscar B. SCHMIDT, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied January 28, 1970.

Attorney(s) appearing for the Case

R. E. McDaniel, Beaumont, for appellant.

Carol S. Vance, Dist. Atty., Houston, James C. Brough and Robert Hinton, Asst. Dist. Attys., Houston, and Jim Vollers, State's Atty., Austin, for the State.

OPINION

WOODLEY, Presiding Judge.

The offense is aggravated assault; the punishment, a fine of $75.00.

The complaint and information alleged that appellant, on or about September 10, 1968, made an aggravated assault upon Robert Embry, a Texas Highway Patrolman with the Department of Public Safety of the State of Texas, said officer being in the lawful discharge of the duties of his office which fact was well known to appellant.

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