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JONES v. STATE

No. 44239.

472 S.W.2d 515 (1971)

Nobie Lee JONES, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

November 9, 1971.

Attorney(s) appearing for the Case

John G. Gilleland, Houston, for appellant.

Carol S. Vance, Dist. Atty., Phyllis Bell and Henry Oncken, Asst. Dist. Attys., Houston, 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, eight (8) years.

Appellant's first ground of error is that the evidence is insufficient to show malice.

Appellant admitted firing the shot at close range that hit the injured party but denied any intention of killing her. The Court submitted the issues of self-defense, assault with intent to murder without malice, aggravated assault and simple...

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