MATHIS v. STATE

No. 43823.

471 S.W.2d 396 (1971)

James Edward MATHIS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

June 29, 1971.


Attorney(s) appearing for the Case

C. H. Duvall, Houston, for appellant.

Carol S. Vance, Dist. Atty., James C. Brough and Jim Skelton, Asst. Dist. Attys., Houston, and Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

DOUGLAS, Judge.

This is an appeal from a conviction for assault with intent to murder. The punishment was assessed by the jury at twenty years.

The sufficiency of the evidence is not challenged.

The record reflects that the assaulted party, McClellan Chinn, lived at a boarding house in Houston. The appellant ate his evening meal at the house, drank some whiskey with a companion and later the two left. At approximately 1:30 a. m.,...

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