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MISNER v. STATE

No. 65405.

610 S.W.2d 502 (1981)

Elbert MISNER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel 3.

January 21, 1981.

Attorney(s) appearing for the Case

Don W. King, Jr., Glenn B. Lacy, San Antonio, for appellant.

Bill M. White, Dist. Atty., and Dick Ryman, Roy Barrera and Monica L. Donahue, Asst. Dist. Attys., San Antonio, Robert Huttash, State's Atty., Austin, for the State.

Before ROBERTS and ODOM, JJ.

OPINION

ROBERTS, Judge.

On September 15, 1977, the appellant and Carl Byrom entered the Cottage Drive-In in San Antonio. Finding the complaining witness Jackie Arthur inside the establishment, Byrom pulled a shotgun from under his shirt and fired at Arthur, severely wounding him in the arm. The appellant was charged with attempting to cause the death of Arthur by shooting him, found guilty by a jury, and sentenced to fifteen years' confinement. His conviction...

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