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THOMAS v. STATE

No. 57333.

587 S.W.2d 707 (1979)

Joseph Earl THOMAS, Jr., Appellant, v. The STATE of Texas, Appellee.

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

Rehearing Denied October 31, 1979.

Attorney(s) appearing for the Case

Allan R. Lazor, Victoria, for appellant.

Knute Dietze, Dist. Atty. and Norman D. Jones, Asst. Dist. Atty., Victoria, Robert Huttash, State's Atty., Austin, for the State.

Before ONION, P. J., and ROBERTS and CLINTON, JJ.

Rehearing En Banc Denied October 31, 1979.

OPINION

ROBERTS, Judge.

The appellant was indicted for criminal attempt to commit murder. The victim testified that she awoke to find a man kneeling beside her bed; the man put his hands around her neck and choked her. The victim's grandson came into the room and fought with the man, whom he identified as the appellant. The man dove out a window; the appellant's fingerprint was on the sill. A jury found...

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