HAYS, Justice.
Appellant was tried by a jury and found guilty of assault with a deadly weapon. The testimony at the trial indicates that appellant went to the apartment of Rufugio Esparza with a girl (Maria Acuna) to pick up some clothes belonging to the girl. When they arrived at the apartment Esparza opened the door and the girl entered. From the testimony it is uncertain whether appellant entered the apartment or was about to enter the apartment when a struggle...
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