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SAUCIER v. STATE

No. 24647.

235 S.W.2d 903 (1950)

SAUCIER v. STATE.

Court of Criminal Appeals of Texas.

Rehearing Denied January 31, 1951.

Attorney(s) appearing for the Case

W. W. Ballard, Wichita Falls (Eugene Sherrod, Jr., Wichita Falls, Joe Cleveland, Bowie, on appeal only), for appellant.

Clyde Fillmore, Dist. Atty., Wichita Falls, George W. Anderson, Jr., Asst. Dist. Atty., Wichita Falls, Alan B. Haley, Asst. Dist. Atty., Wichita Falls, George P. Blackburn, State's Atty., of Austin, for the State.

GRAVES, Judge.

Appellant and David Beck were charged by indictment with the unlawful killing of Thomas Houston Gibbons by "stomping and kicking the said Thomas Houston Gibbons with their feet, and by hitting the said Thomas Houston Gibbons with their fists, and by choking the said Thomas Houston Gibbons with their hands."

The appellant was placed upon his trial alone, and by the jury assessed the death penalty.

Upon the calling of this cause, appellant...

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