No. 51855.

545 S.W.2d 147 (1976)

Mark DAVIS, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

December 15, 1976.

Attorney(s) appearing for the Case

James F. Newth, Dallas, on appeal only, for appellant.

Henry Wade, Dist. Atty., Steve Wilensky, Donald J. Driscoll and D. Brian Blessing, Asst. Dist. Attys., Dallas, Jim D. Vollers, State's Atty. and David S. McAngus, Asst. State's Atty., Austin, for the State.



The offense is assault with intent to murder without malice; the punishment, three years.

In a per curiam opinion decided March 17, 1976, the appeal in this cause was dismissed because sentence was untimely pronounced. Appellant has been resentenced and the appeal is reinstated.

Although the sufficiency of the evidence is not challenged, a recitation of the facts is necessary in order to understand appellant's contentions...

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