RHODES v. STATE

No. 42330.

450 S.W.2d 329 (1970)

Thomas Henry RHODES, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied March 4, 1970.


Attorney(s) appearing for the Case

Harry M. Reasoner, Charles T. Newman, Jr., Charles L. Berry, Houston, (court appointed attys.) for appellant.

Carol C. Vance, Dist. Atty., James C. Brough and Robert C. Bennett, Jr., 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, enhanced by two prior convictions for burglary (Art. 63 P.C.) life.

The indictment alleged that the assault was committed on R. E. Kelnar. Trial was before a jury on a plea of not guilty and upon appellant's election the jury found that appellant was the same person previously convicted as alleged in the indictment and assessed his punishment...

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