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MORTON v. STATE

No. 43205.

460 S.W.2d 917 (1970)

Vernon MORTON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied December 31, 1970.

Attorney(s) appearing for the Case

Holt & Tatum by Marion G. Holt, A. L. Lowery, Nacogdoches, for appellant.

Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

DOUGLAS, Judge.

The conviction is for aggravated assault upon an indictment charging assault with intent to murder; the punishment was assessed at a fine of $800 and confinement in jail for six months.

Appellant operated a store and bait house near the dam at Sam Rayburn Lake. The record reflects that the injured party, Hoyt Cook, went into the store and purchased some snuff. As Cook started to leave, appellant started talking to him

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