ALSTON v. STATE

No. 43090.

458 S.W.2d 820 (1970)

Billy Conrad ALSTON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

October 28, 1970.


Attorney(s) appearing for the Case

John R. Coe, Houston (on appeal only), for appellant.

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


OPINION

WOODLEY, Presiding Judge.

The offense is assault with intent to murder with malice; the punishment, 25 years.

This is a companion case to Rhodes v. State, Tex.Cr.App., 450 S.W.2d 329 (tried July 18, 1968).

The indictment returned January 31, 1967, alleged that appellant, on or about the 28th day of October, 1966, did with malice aforethought in and upon R. E. Kelnar make an assault with intent to...

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