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MATTHEWS v. STATE

No. 57203.

582 S.W.2d 832 (1979)

Ronnie E. MATTHEWS, Appellant, v. The STATE of Texas, Appellee.

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

Rehearing Denied July 11, 1979.

Attorney(s) appearing for the Case

Roy Beene, Houston, for appellant.

W. T. McDonald, Jr., Dist. Atty. and W. W. Torrey, Asst. Dist. Atty., Bryan, Robert Huttash, State's Atty., Austin, for the State.

Before ONION, P. J., and PHILLIPS and TOM G. DAVIS, JJ.

Rehearing En Banc Denied July 11, 1979.

OPINION

TOM G. DAVIS, Judge.

Appeal is taken from a conviction for resisting arrest. V.T.C.A. Penal Code, Sec. 38.03. Punishment was assessed at sixty days' imprisonment and a $1,000 fine, both probated.

Appellant was indicted for aggravated assault upon a peace officer, a third degree felony. V.T.C.A. Penal Code, Sec. 22.02. After a trial in district court he was convicted of the lesser included Class...

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