SAMUEL v. STATE

No. 44578.

477 S.W.2d 611 (1972)

Thomas Howard Earl SAMUEL, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied March 29, 1972.


Attorney(s) appearing for the Case

Kerry P. FitzGerald, James P. Finstrom, Dallas, for appellant.

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


OPINION

ONION, Presiding Judge.

This is an appeal from a conviction for assault with intent to commit murder with malice aforethought where the punishment, assessed by the jury, was 25 years.

Initially, appellant challenges the sufficiency of the evidence to sustain the conviction, particularly contending that it fails to show malice or the specific intent to kill.

At approximately 11 p. m. on July 26, 1969, Dr. Elza Lowell Whitley, his wife...

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