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WELCOME v. STATE

No. 41641.

438 S.W.2d 99 (1969)

Gladys WELCOME, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied March 26, 1969.

Attorney(s) appearing for the Case

Wiggins & Wiggins, by Daylee Wiggins, Beaumont, for appellant.

W. C. Lindsey, Dist. Atty., Cimron Campbell, Asst. Dist. Atty., Beaumont, and Leon B. Douglas, State's Atty., Austin, for the State.

OPINION

ONION, Judge.

The offense is assault with intent to commit murder without malice, committed with a knife; the punishment, four years confinement in the Texas Department of Corrections. See Article 1160 Vernon's Ann.P.C. 1961.

The question presented by this appeal is whether a conviction under the double penalty provisions of Article 1160, V.A. P.C., 1961, for the offense of assault with intent to murder without malice is sustainable under...

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