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COLE v. STATE

No. 25649.

250 S.W.2d 201 (1952)

COLE v. STATE.

Court of Criminal Appeals of Texas.

Rehearing Denied June 25, 1952.

Attorney(s) appearing for the Case

George K. DuPuy, Lufkin, for appellant.

Ward R. Burke, Dist. Atty. Second Judicial District, Lufkin, George P. Blackburn, State's Atty., of Austin, for the State.

GRAVES, Presiding Judge.

This is a conviction for murder, with punishment assessed at confinement in the penitentiary for ninety-nine years.

The indictment consisted of multiple counts; only those counts were submitted to the jury which charge: (a) the murder, with malice, of Vessie Lee McAlister by striking and hitting her with a hatchet, and (b) the murder, with malice, of Vessie Lee McAlister by "driving an automobile, in which the said Vessie Lee McAlister...

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