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PAPES v. STATE

No. 46004.

494 S.W.2d 910 (1973)

Sheree PAPES, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied June 6, 1973.

Attorney(s) appearing for the Case

Henry Taylor, Jr., Temple, for appellant.

Joe Carroll, Jr., County Atty., Bill Bachus, Asst. County Atty., Belton, Jim D. Vollers, State's Atty., and Robert A. Huttash, Asst. State's Atty., Austin, for the State.

OPINION

ODOM, Judge.

Appellant was convicted for the offense of aggravated assault under Article 1147, Sec. 5, Vernon's Ann.P.C., which provides that:

"An assault or battery becomes aggravated —(5) when the instrument or means used is such as inflicts disgrace upon the person assaulted ...."

The jury assessed the punishment at one year imprisonment in jail. This appeal is taken from the conviction.

Initially, appellant attacks...

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