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SUMMERS v. STATE

No. 30183.

464 S.W.2d 126 (1971)

Donald SUMMERS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied March 17, 1971.

Attorney(s) appearing for the Case

Carter, Callender & Branton, by Jonathan Sox, San Antonio, for appellant.

Ted Butler, Dist. Atty., Richard J. Woods, Edward J. R. Finck, Jr., and Lucien B. Campbell, Asst. Dist. Attys., San Antonio, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

ONION, Presiding Judge.

This is an out of time appeal resulting from the failure to appoint counsel for this indigent appellant at the time of his original appeal in 1958. Appellant's conviction for assault with intent to murder wherein the punishment was assessed at 15 years was affirmed by this court on original appeal. See 167 Tex.Cr.R. 124, 318 S.W.2d 661.

The facts of the case are there recited and...

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