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McGEE v. STATE

No. 44026.

473 S.W.2d 11 (1971)

Bruce Steven McGEE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied December 7, 1971.

Attorney(s) appearing for the Case

Foy Clement, Abilene, for appellant.

Ed Paynter, Dist. Atty., and Britt Thuman, Asst. Dist. Atty., Abilene, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

ROBERTS, Judge.

This is an appeal from a conviction for murder with malice; trial was before a jury and the court assessed the punishment at life.

The indictment alleged that on June 17, 1970, the appellant killed Donald Ray Lee by shooting him with a gun.

The appellant's first ground of error complains because the court refused to charge the jury on murder without malice after a proper request by appellant's attorney. The only question...

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