Tullos v. State

698 S.W.2d 488 (1985)

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Tullos v. State

Texas Court of Appeals
698 S.W.2d 488 (1985)

CS

Facts

Eddie Tullos (defendant) stabbed Michael Smith in the back with an icepick-like instrument. When Michael’s father, Horace Smith, attempted to come to Michael’s aid armed with a hammer, Tullos shot Horace. Tullos was charged with two aggravated assaults, and entered a plea of guilty for both. The indictment for the assault on Michael had alleged that Tullos had threatened Michael with the use of a deadly weapon. After sentencing, Tullos appealed, alleging that the state had failed to provide sufficient proof to support the guilty plea for the charge of assault against Michael.

Rule of Law

Issue

Holding and Reasoning (Benavides, J.)

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