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WASHINGTON v. STATE

No. 44066.

471 S.W.2d 409 (1971)

Bedford WASHINGTON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied October 26, 1971.

Attorney(s) appearing for the Case

James P. Finstrom, Dallas, for appellant.

Henry Wade, Dist. Atty., John B. Tolle and James S. Moss, Asst. Dist. Attys., Dallas, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

MORRISON, Judge.

The offense is assault with intent to murder with malice; the punishment, fifteen (15) years.

The injured party, John Lemons, testified that someone who looked like the appellant walked up to him and said, "Say man, have you got a dime?" Lemons replied that he did not. At this point, the assailant hit Lemons in the face with his fist. Lemons testified:

"Then when he hit me, I turned around and I hit him back and...

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