SPRAGUE v. STATE

No. 52784.

548 S.W.2d 395 (1977)

Dennis SPRAGUE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied April 6, 1977.


Attorney(s) appearing for the Case

Ronald E. Walker, Jr., Amarillo, for appellant.

Tom Curtis, Dist. Atty. and Bruce Sadler, Asst. Dist. Atty., Amarillo, Jim D. Vollers, State's Atty., David S. McAngus, Asst. State's Atty., Austin, for the State.


OPINION

BROWN, Commissioner.

Appellant, in a jury trial, was found guilty of attempted murder. The jury assessed his punishment at thirteen (13) years and six (6) months and a $5,000.00 fine. Appellant did not testify at the guilt-innocence stage of the trial.

Appellant and two of his fellow employees, Fred Russell and Guy Mathes, were making the rounds of taverns in Amarillo drinking beer after work on July 1, 1975. Finally, rather late in the evening...

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