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ABELS v. STATE

No. 45572.

489 S.W.2d 910 (1973)

Bobby Joe ABELS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied February 21, 1973.

Attorney(s) appearing for the Case

Schulz, Hanna & Burke, by Malcolm Schulz, Abilene, for appellant.

Ed Paynter, Dist. Atty., Abilene, Jim D. Vollers, State's Atty., and Robert A. Huttash, Asst. State's Atty., Austin, for the State.

OPINION

MORRISON, Judge.

The offense is assault with intent to murder with malice; the punishment, ten (10) years.

Appellant's first ground of error is that the evidence is insufficient to sustain the verdict. The record reflects that on the night in question the injured party, Ozell Abels, appellant's wife, was seated in a private club in Abilene with a Kenneth Ballard. Appellant entered, accompanied by one Geraldine Gallaher, approached the injured...

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