BONEY v. STATE

No. 54891.

572 S.W.2d 529 (1978)

Elmer Jack BONEY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 1.

Motion for Rehearing Denied November 8, 1978.


Attorney(s) appearing for the Case

Marvin O. Teague, Houston, for appellant.

Carol S. Vance, Dist. Atty., Alvin M. Titus and Ned B. Morris, Asst. Dist. Attys., Houston, for the State.

Before DOUGLAS, PHILLIPS and W. C. DAVIS, JJ.


Appellant's Motion for Rehearing En Banc Denied November 8, 1978.

OPINION

PHILLIPS, Judge.

This is an appeal from a conviction for the offense of aggravated assault. V.T. C.A., Penal Code, Sec. 22.02. Punishment was enhanced pursuant to V.T.C.A., Penal Code, Sec. 12.42(d) and assessed at life imprisonment.

The evidence adduced at trial revealed that on April 4, 1975, Betty Jane Outlaw owned and operated an antique shop. At approximately 4...

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