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JOHNSON v. STATE

No. 37172.

384 S.W.2d 885 (1964)

Andrew JOHNSON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied December 16, 1964.

Attorney(s) appearing for the Case

Mac L. Bennett, Jr., W. T. Bennett, Huntsville, for appellant.

Leon B. Douglas, State's Atty., Austin, for the State.

BELCHER, Commissioner.

The appellant was convicted for assault with intent to murder, and his punishment was assessed at two years.

The testimony of the state reveals that Freddie Short, the injured party, went to the house of Salome Mosley around 12:30 or 1 A.M. to get his young son who was asleep in a small house about 36 feet from Salome's house. Short parked his car, with the lights shining on the small house. While Short was trying to open the door, appellant...

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