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SMITH v. STATE

No. 42919.

457 S.W.2d 58 (1970)

Jessie D. SMITH, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied August 21, 1970.

Attorney(s) appearing for the Case

Marks, Time & Aranson by Keith Marks, Sol Ballas, Dallas, for appellant.

Henry Wade, Dist. Atty., John B. Tolle, CaMille Elliott, Harry J. Schulz, Jr., and W. T. Westmoreland, Jr., Asst. Dist. Attys., Dallas, and Jim D. Vollers, State's Atty., Austin, for the State.

DOUGLAS, Judge.

OPINION

The conviction is for assault with intent to commit murder; the punishment, ten years.

The State's theory was that the motive for the assault was that appellant expected to receive some twenty to thirty thousand dollars as the beneficiary of his wife's insurance policies which she had obtained through the company where she was employed.

Barbara Smith, the injured party, was...

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