STONE v. STATE

No. 42704.

452 S.W.2d 474 (1970)

Gerald Furman STONE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

March 18, 1970.


Attorney(s) appearing for the Case

Homer L. Cox, Houston, for appellant.

Carol S. Vance, Dist. Atty., James C. Brough and James L. Muldrow, Asst. Dist. Attys., Houston, and Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

MORRISON, Judge.

The offense is assault with intent to murder without malice; the punishment, two (2) years.

Appellant's first ground of error is that the State failed to establish that he did the shooting. Scoggins, the person who was shot in the back outside a tavern and near the door testified that when walking away from appellant, whom he had threatened to whip, someone hollered, he turned his head, and saw a gun in appellant's hand,...

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