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SHELBY v. STATE

No. 05-86-00109-CR.

724 S.W.2d 138 (1987)

Tennie SHELBY, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Dallas.

February 23, 1987.

Attorney(s) appearing for the Case

Scott M. Anderson, Dallas, for appellant.

Henry Wade, Crim. Dist. Atty., Mary Jo Kain, John Cruezot, Toby Shook, Asst. Dist. Attys., Dallas, Robert Huttash, State Pros. Atty., Austin, for appellee.

Before GUITTARD, C.J., and McCLUNG and BAKER, JJ.

ON MOTION FOR REHEARING

BAKER, Justice.

This opinion supplements our original opinion in this case and is in response to the appellant's motion for rehearing.

Appellant was convicted of murder. The court's charge contained an instruction on the lesser included offense of aggravated assault. In our original opinion which was not designated for publication, we overruled all of appellant's points of error.

In his motion for rehearing appellant...

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