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COBY v. STATE

No. 49480.

518 S.W.2d 829 (1975)

Emory Lee COBY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

February 19, 1975.

Attorney(s) appearing for the Case

Percy Foreman and Dick DeGuerin, Houston, for appellant.

Carol S. Vance, Dist. Atty., Phyllis Bell and L. H. Stewart, Asst. Dist. Attys., Houston, Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.

OPINION

BROWN, Commissioner.

Appellant was convicted of aggravated assault. His punishment, assessed by the jury, was a $1,000.00 fine, probated, twenty-four (24) months in jail, thirty (30) days to be served and the balance probated. The court entered a judgment and passed sentence in the terms of the verdict.

In Lee v. State, Tex.Cr.App., 516 S.W.2d 151, this Court held that where probation is granted in a misdemeanor...

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