PAYTON v. STATE

No. 47651.

506 S.W.2d 912 (1974)

Leslie Edward PAYTON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

March 20, 1974.


Attorney(s) appearing for the Case

Herbert Green, Jr., Dallas, for appellant.

Henry Wade, Dist. Atty., and John E. Rapier, Asst. Dist. Atty., Dallas, Jim D. Vollers, State's Atty., and Buddy Stevens, Asst. State's Atty., Austin, for the State.


OPINION

RALEIGH BROWN, Commissioner.

The conviction which forms the basis for this appeal was aggravated assault on a child. The punishment was assessed by the court at one year in the county jail after a jury finding of guilty.

The sufficiency of the evidence has not been challenged.

The record reflects that this case has been tried twice. In the first trial the jury found the appellant guilty and the court sentenced him to thirty days in...

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