GILMER v. STATE

No. 25546.

246 S.W.2d 639 (1952)

GILMER v. STATE.

Court of Criminal Appeals of Texas.

Rehearing Denied February 20, 1952.

Second Motion for Rehearing Denied March 19, 1952.


Attorney(s) appearing for the Case

G. C. Harris, Greenville, for appellant.

George P. Blackburn, State's Atty., of Austin, for the State.


BEAUCHAMP, Judge.

The appeal is from a conviction for assault to murder with a sentence of eight years in the penitentiary.

Both appellant and the injured party lived in the City of Greenville and were engaged in handling milk products furnished by a Dallas dairy. Their business was not competitive and each received his products for distribution from the same truck brought to them by the Dallas Company. The injured party received his supply daily at the place...

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