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JONES v. STATE

No. 44867.

480 S.W.2d 623 (1972)

E. R. JONES, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied June 21, 1972.

Attorney(s) appearing for the Case

Dan J. Anderson, Richardson, for appellant.

Henry Wade, Dist. Atty., W. T. Westmoreland, Jr., Asst. Dist. Atty., Dallas, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

ONION, Presiding Judge.

This is an appeal from a conviction for assault with a prohibited weapon where the punishment was assessed at 5 years.

The sufficiency of the evidence is not challenged. Suffice it to say that the evidence shows that on October 15, 1969 at approximately 2 a.m., Dallas Police Officer Health observed a car driving on a public street without lights. The car stopped in a parking lot and two figures jumped from the car...

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