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FOUNTAIN v. STATE

Nos. B14-83-446CR, C14-83-447CR.

681 S.W.2d 858 (1984)

Clifton Wayne FOUNTAIN, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

Rehearing Denied December 6, 1984.

Attorney(s) appearing for the Case

Larry Urquhart, Moorman, Tate, Moorman & Urquhart, Brenham, for appellant.

Charles J. Sebesta, Jr., Caldwell, for appellee.

Before PAUL PRESSLER, ROBERTSON and ELLIS, JJ.

OPINION

ROBERTSON, Justice.

Appellant was indicted for murder and attempted murder. Trial for both offenses was consolidated; the jury rejected his plea of not guilty and assessed punishment of forty years on the murder and fifteen years on the attempted murder. The issues on appeal are identical; the appeals have, therefore, been consolidated. Appellant challenges the sufficiency of the evidence, the court's...

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