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EANES v. STATE

No. 52559.

546 S.W.2d 312 (1977)

David EANES, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

February 2, 1977.

Attorney(s) appearing for the Case

Stanley Kacir, Temple, for appellant.

Joe Carroll, Dist. Atty. and Paul R. Reagan, Asst. Dist. Atty., Belton, Jim D. Vollers, State's Atty., David S. McAngus, Asst. State's Atty., Austin, for the State.

OPINION

PHILLIPS, Judge.

This is an appeal of a conviction of assault wherein the jury assessed punishment at a probated one year jail term and an unprobated $1,000.00 fine.

The record shows without dispute that at about 12:30 a.m. on June 23, 1974, appellant and the injured party, Willie Kopriva, accompanied by two of his brothers, were in attendance at a public dance hall in Bell County. Appellant testified that at about said time he was walking...

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