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POPE v. STATE

No. 48525.

509 S.W.2d 593 (1974)

David Charles POPE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

May 29, 1974.

Attorney(s) appearing for the Case

Randy Taylor, Dallas, for appellant.

Henry Wade, Dist. Atty., W. T. Westmoreland, Jr., Asst. Dist. Atty., Dallas, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

DALLY, Commissioner.

The conviction is for assault with the intent to murder with malice; the punishment, imprisonment for twenty-five years.

The appellant was tried before two juries upon the same indictment charging that he "did unlawfully, voluntarily and with malice aforethought in and upon Shelia Diane Brumley make an assault with the intent then and there to murder the said Shelia Diane Brumley...

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