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MACIAS v. STATE

No. 42609.

451 S.W.2d 489 (1970)

Gilbert MACIAS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

February 25, 1970.

Attorney(s) appearing for the Case

John W. O'Dowd, Houston, for appellant.

Carol Vance, Dist. Atty., Phyllis Bell and Robert C. Bennett, Jr., Asst. Dist. Attys., Fort Worth, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

BELCHER, Judge.

The conviction is for assault with intent to murder; the punishment, twenty-five years.

The testimony of the state reflects that the appellant and the assaulted party had been keeping company for about one year before he shot her with a pistol at her home. About one week before the shooting, she told appellant she was not going with him any more. On the day of the shooting, the appellant was at the complainant's home when...

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