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PENA v. STATE

No. 43066.

456 S.W.2d 934 (1970)

Rodolfo PENA, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

July 22, 1970.

Attorney(s) appearing for the Case

Leo N. Duran, Corpus Christi (Court appointed), for appellant.

Wm. B. Mobley, Dist. Atty., Thomas D. McDowell, Asst. Dist. Atty., Corpus Christi, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

ONION, Judge.

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

All five of appellant's grounds of error relate to the sufficiency of the evidence to sustain the conviction.

Phyllis Gutierrez, an employee of the El Patio Club in Robstown on May 14, 1966, testified that around 1:30 a. m. on that date she and other employees were in the kitchen of the club, which had closed for business, when the...

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