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332 S.W.2d 577

Newman v. State

Court of Criminal Appeals of Texas · decided 1960-03-02

Decided 1960-03-02

WOODLEY, Judge.

¶1Upon a trial before the court, a jury being waived, appellant pleaded guilty to the offense of assault with intent to murder and the court, having heard the evidence, assessed his punishment at 7 years in the penitentiary.

¶2The indictment alleged the assault to have been made upon R. A. Vandel.

¶3Officer R. A. Vandel testified that he was at Clayton’s Super Market in Houston and saw appellant attempt to rob “the booth”; that he tried to prevent it and appellant shot at him with a pistol.

¶4The record contains no hills of exception. The requirements of the statute (Vernon’s Ann.C.C.P. arts. 10a, 517) relating to waiver of jury and plea of guilty were complied with.

¶5The judgment is affirmed.

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