Linebarger v. State

Full title: Rufus Warren LINEBARGER, Appellant, v. The STATE of Texas, Appellee

Court: Court of Criminal Appeals of Texas

Date published: Jul 7, 1971

469 S.W.2d 169 (Tex. Crim. App. 1971)

Opinion

No. 43661.

May 19, 1971. Rehearing Denied July 7, 1971.

Appeal from the Criminal District Court No. 5, Dallas County; Ed Gossett, J.

Mitchell D. Stevens, Dallas, for appellant.

Henry Wade, Dist. Atty., John B. Tolle, Harry J. Schultz, Jr., W.T. Westmoreland, Jr. and Edgar A. Mason, Asst. Dist. Attys., Dallas, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

ROBERTS, Judge.

This is an appeal from a conviction for assault with intent to commit murder with malice; the jury assessed the punishment at seven years.

This is a companion case to Linebarger v. State, 469 S.W.2d 165, this day decided. The indictment in this case alleged the assault on Officer Charles M. Dooley. Both offenses arose out of the same incident; all the facts and circumstances are the same.

The cases were tried together and identical briefs were submitted to this Court. All contentions are answered inLinebarger v. State, supra.

There being no reversible error, the judgment is affirmed.