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LINEBARGER v. STATE

No. 43661.

469 S.W.2d 169 (1971)

Rufus Warren LINEBARGER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied July 7, 1971.

Attorney(s) appearing for the Case

Mitchell D. Stevens, Dallas, for appellant.

Henry Wade, Dist. Atty., John B. Tolle, Harry J. Schulz, Jr., W. T. Westmoreland, Jr. and Edgar A. Mason, Asst. Dist. Attys., Dallas, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

ROBERTS, Judge.

This is an appeal from a conviction for assault with intent to commit murder with malice; the jury assessed the punishment at seven years.

This is a companion case to Linebarger v. State, 469 S.W.2d 165, this day decided. The indictment in this case alleged the assault on Officer Charles M. Dooley. Both offenses arose out of the same incident; all the facts and circumstances are the same...

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