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PROCTOR v. STATE

No. 43461.

465 S.W.2d 759 (1971)

James B. PROCTOR, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

On Rehearing April 20, 1971.

Attorney(s) appearing for the Case

Jones, Jones & Baldwin by Carl Roth, Marshall, for appellant.

Charles A. Allen, Dist. Atty., Marshall, Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

ONION, Presiding Judge.

This is an appeal from a conviction for assault with intent to murder without malice where following a verdict of guilty the court assessed the punishment at three years.

The record reflects that sentence was pronounced on January 14, 1970. The only notice of appeal in the record reflects such notice was filed on January 26, 1970.

Article 44.08, Vernon's Ann.C.C.P., provides that except in cases where the death...

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