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FORBAU v. STATE

No. 45956.

492 S.W.2d 516 (1973)

Gordon FORBAU, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied April 18, 1973.

Attorney(s) appearing for the Case

Clifford W. Brown, Lubbock, for appellant.

Otis C. Shearer, Booker, Jim D. Vollers, State's Atty., and Robert A. Huttash, Asst. State's Atty., Austin, for the State.

OPINION

JACKSON, Commissioner.

Appellant was convicted by a jury on his plea of not guilty of the offense of aggravated assault on a peace officer in the lawful discharge of his duty, under Art. 1147(1), Vernon's Ann.P.C.; the punishment, a fine of $100 and 30 days probated.

Briefly stated the facts are that on Halloween night, October 31, 1971, in the town of Higgins, appellant and four other young men were on the public streets yelling in concert...

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