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PRICE v. STATE

No. 50028.

523 S.W.2d 950 (1975)

Edgar Allen PRICE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

June 18, 1975.

Attorney(s) appearing for the Case

Peter D. Williamson, Houston, for appellant.

Carol S. Vance, Dist. Atty., Phyllis Bell and Jack Bodiford, 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.

This appeal is from a conviction for the offense of deadly assault on a peace officer. Punishment was assessed at 50 years.

Appellant contends that the indictment is fatally defective because it does not allege that the assault was committed "with intent to murder." We agree.

The record reflects that the offense was committed on October 6, 1973, and the indictment was presented March 25, 1974. The indictment charged appellant...

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