JAMES v. STATE

No. 31912.

335 S.W.2d 603 (1960)

Samuel Malcolm JAMES, Appellant, v. STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

April 27, 1960.


Attorney(s) appearing for the Case

J. P. Moseley, Dallas, for appellant.

Henry Wade, Crim. Dist. Atty., Jack Hampton, Paul Leech, Phil Burleson, Asst. Crim. Dist. Attys., Dallas, and Leon B. Douglas, State's Atty., Austin, for the State.


DICE, Commissioner.

The offense is aggravated assault upon a female; the punishment, 6 months in jail.

Appellant and the prosecuting witness were husband and wife on the date of the alleged offense but were separated with a divorce case pending between them at the time. The prosecuting witness, who was living in the home of her mother, testified that on the night in question the appellant came to the home uninvited, entered the living room unannounced where...

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