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PAYTON v. STATE

No. 54167.

572 S.W.2d 677 (1978)

Claude Eugene PAYTON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

Rehearing Denied November 15, 1978.

Attorney(s) appearing for the Case

Michael J. Whitten, Denton, for appellant.

John Lawhon, County Atty. and Mervin B. Waage, Asst. County Atty., Denton, for the State.

OPINION ON APPELLANT's MOTION FOR REHEARING

ODOM, Judge.

This is an appeal from a conviction for assault. V.T.C.A., Penal Code Sec. 22.01(a)(1). Punishment was assessed by the court at six months in jail.

On original submission the conviction was affirmed in a per curiam opinion Tex.Cr. App., 563 S.W.2d 278. In one ground of error appellant complained of the trial court's action in sua sponte excusing a venireman who was qualified to sit on the jury...

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