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SPRUILL v. STATE

No. 2-81-134-CR.

624 S.W.2d 779 (1981)

Clinton Raydell SPRUILL, Appellant, v. The STATE of Texas, State.

Court of Appeals of Texas, Fort Worth.

November 18, 1981.

Attorney(s) appearing for the Case

Stephen C. Maxwell, Fort Worth, for appellant.

Tim Curry, Dist. Atty., and James J. Heinemann, Asst. Dist. Atty., Fort Worth, for appellee.

Before JORDAN, HUGHES and RICHARD L. BROWN, JJ.

OPINION

JORDAN, Justice.

Appellant was convicted of aggravated assault and sentenced to five years in the Texas Department of Corrections. Both guilt or innocence and punishment phases of the trial were to a jury.

Briefly stated, the facts shown by this record are that one Steve Mathis was sitting in his car on the evening of July 5, 1979, in Bunche Park in Fort Worth, Texas, with a male friend, when appellant, riding a motorcycle, approached the...

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