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LESTER v. STATE

No. 45489.

498 S.W.2d 927 (1973)

Frank LESTER and Kemal Shea, Appellants, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied September 19, 1973.

Attorney(s) appearing for the Case

Joseph Abraham and Anthony Aguilar, El Paso, for appellants.

Steve W. Simmons, Dist. Atty., and David R. Rosado, Asst. Dist. Atty., El Paso, and Jim D. Vollers, State's Atty., and Robert A. Huttash, Asst. State's Atty., Austin, for the State.

OPINION

DAVIS, Commissioner.

These are appeals from convictions growing out of an assault with intent to murder indictment.

Appellant Shea was found guilty of assault with intent to murder without malice, and the jury assessed punishment at one and one-half years. Appellant Lester was found guilty of aggravated assault, and punishment was assessed by the jury at two years (jail) probated.

A review of the testimony is deemed necessary in order...

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