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FRANKLIN v. STATE

No. 48509.

523 S.W.2d 947 (1975)

Ray Charles FRANKLIN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

June 18, 1975.

Attorney(s) appearing for the Case

Gerald B. Scheve, Houston, Walter Boyd, Pasadena, for appellant.

Carol S. Vance, Dist. Atty., James C. Brough and Gerald Flatten, Asst. Dist. Attys., Houston, Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.

OPINION

ODOM, Judge.

The original appeal in this case was dismissed because the sentence was prematurely pronounced. It now appears that the sentence has been properly pronounced and notice of appeal given. The appeal is reinstated.

Appellant was convicted by a jury for the offense of assault with intent to murder with malice and they assessed his punishment at ten (10) years.

The appellant made an application for probation, wherein he swore...

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