WINGATE v. STATE

No. 45281.

487 S.W.2d 89 (1972)

Benjamin F. WINGATE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

November 29, 1972.


Attorney(s) appearing for the Case

Gilbert T. Adams, Beaumont, for appellant.

Tom Hanna, Dist. Atty., John R. DeWitt, Asst. Dist. Atty., Beaumont, Jim D. Vollers, State's Atty., and Robert A. Huttash, Asst. State's Atty., Austin, for the State.


OPINION

ROBERTS, Judge.

The appellant was convicted of assault with intent to murder. Punishment was assessed at five years.

Eight grounds of error are alleged.

A discussion of the evidence is necessary since certain facts are in dispute. On May 17, 1970, at approximately 1 a. m., Nathaniel Moore was shot while at Charlie's Cafe in Beaumont. Calvin Johnson, an uncle of Moore's, testified that while inside the crowded cafe, someone pushed...

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