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HARGROVE v. STATE

No. 46885.

501 S.W.2d 878 (1973)

Joseph Roy HARGROVE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

December 5, 1973.

Attorney(s) appearing for the Case

Mel S. Friedman, W. B. "Bennie" House, Jr., (on appeal) Houston, for appellant.

Carol S. Vance, Dist. Atty., James C. Brough and Vic Pecorino, Asst. Dist. Attys., Houston, Jim D. Vollers, State's Atty. and Buddy Stevens, Asst. State's Atty., Austin, for the State.

OPINION

JACKSON, Commissioner.

The offense is murder with malice; the punishment, twenty (20) years.

Appellant's one ground of error charges the following:

"The trial court committed fundamental reversible error in refusing to submit to the jury the appellant's requested affirmative instruction and charge of aggravated assault in the Court's charge to the jury; the failure to submit this charge denied the appellant his right to have a defensive...

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