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GILBERT v. STATE

No. 26673.

265 S.W.2d 100 (1953)

GILBERT v. STATE.

Court of Criminal Appeals of Texas.

Rehearing Denied February 17, 1954

Attorney(s) appearing for the Case

Bernard A. Golding, Henry E. Doyle, Francis L. Williams, Houston, for appellant.

William H. Scott, Dist. Atty., King C. Haynie, Asst. Dist. Atty., Houston, Wesley Dice, State's Atty., Austin, for the State.

MORRISON, Judge.

The offense is murder; the punishment, 99 years.

This is a companion case to Sampson v. State, Tex.Cr.App., ___ S.W.2d ___, but in order to properly discuss appellant's contentions the facts will be stated fully.

It was shown that Mrs. McCasland, while working in a flower shop alone, met her death on January 6, 1953, between 3:00 and 3:35 p. m. as the result of a gunshot wound. The money from the flower shop was taken. There is some...

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