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366 S.W.2d 586

Barnes v. State

Court of Criminal Appeals of Texas · decided 1963-04-03

Cited by 1 later decisions — most recently December 1969

1 state decisions

Relies on 172 Tex. Crim. 303 - Barnes v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1963-04-03

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McDonald, judge.

¶1The conviction is for assault with intent to murder: the punishment, five years.

¶2*587A conviction of appellant for this offense was reversed in Cause No. 33,879, reported in Tex.Cr.App., 356 S.W.2d 679, because of the insufficiency of the evidence to show an intent to kill.

¶3There is no more evidence on intent to kill on this trial than in the previous case; there is no material difference in any of the evidence adduced. A reiteration of the facts would serve no purpose.

¶4The evidence is still insufficient to show an intent to kill and to support the conviction.

¶5The judgment is reversed and the cause is remanded.

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