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BARTON v. STATE

No. 27605.

282 S.W.2d 237 (1955)

Roy BARTON and David Dutton, Appellants, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

June 8, 1955.

Attorney(s) appearing for the Case

Morriss, Morriss, Boatwright & Lewis, San Antonio, W. C. Wofford, Taylor, Ross Hoffman, Aubrey L. Davee, Brady, for appellant.

Raymond Thornton, Dist. Atty., Belton, J. R. Owen, County Atty., Georgetown, Leon Douglas, State's Atty., Austin, for the State.

MORRISON, Presiding Judge.

The offense is castration; the punishment, 5 years.

Though separately indicted, the defendants, Barton and Dutton, in accordance with their own motion to consolidate, were tried jointly.

This is the third reported decision by this Court under Article 1168, V.A.P.C., which reads as follows:

"Whoever wilfully and maliciously deprives any person of either or both or any part...

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