BURKHOLDER v. STATE

No. 63901.

660 S.W.2d 540 (1983)

Daniel Edward BURKHOLDER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

Rehearing Denied December 14, 1983.


Attorney(s) appearing for the Case

Mike DeGeurin, Houston, for appellant.

John B. Holmes, Jr., Dist. Atty., Carl Haggard and Tom Royce, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.


OPINION

TOM G. DAVIS, Judge.

Appeal is taken from a conviction for assault. After finding appellant guilty, the court assessed punishment at one year, probated.

On March 31, 1978, appellant accompanied Dawn Moody Epps to her former residence. As appellant stood waiting outside the house, Charles Lee Epps, Dawn's estranged husband, drove into the driveway and got out of his car. Words were exchanged and appellant drew a pistol. Dawn then came out...

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