No. 51972.

545 S.W.2d 144 (1976)

Jarvis Charles MOSLEY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Opinion on Motion for Rehearing January 12, 1977.

Attorney(s) appearing for the Case

Melvyn Carson Bruder, Dallas, for appellant.

Henry Wade, Dist. Atty. and Donald H. Flanary, Jr., Kelly W. Loving and Mike E. Keasler, Asst. Dist. Attys., Dallas, Jim D. Vollers, State's Atty., David S. McAngus, Asst. State's Atty., Austin, for the State.

Opinion on State's Motion for Rehearing January 12, 1977.


ODOM, Judge.

Appellant was convicted of aggravated assault. His punishment, enhanced, was assessed at twenty years.

Appellant asserts that the evidence is insufficient to prove that a pistol was used during the offense as alleged in the indictment. He argues that the State's evidence was insufficient to prove that the weapon used...

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