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RAWLINS v. STATE

No. 43620.

466 S.W.2d 308 (1971)

Phillip RAWLINS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied May 19, 1971.

Attorney(s) appearing for the Case

Bob Heath, Houston, for appellant.

Carol S. Vance, Dist. Atty., Phyllis Bell and James C. Larkin, Jr., Asst. Dist. Attys., Houston, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

MORRISON, Judge.

The offense is assault to murder with malice; the punishment, ten (10) years.

In appellant's grounds of error numbered one, two and four, he contends that the evidence is insufficient to sustain the conviction.

The evidence shows that on New Year's Eve, 1967, the deceased, J. D. Ford, and his wife went to Phil's Lounge, which was operated by the appellant. Ford got up from his table, went to the table of Lucius Henry...

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