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EURESTE v. STATE

No. 27015.

268 S.W.2d 473 (1954)

EURESTE v. STATE.

Court of Criminal Appeals of Texas.

June 2, 1954.

Attorney(s) appearing for the Case

No attorney on appeal, for appellant.

Wesley Dice, State's Atty., of Austin, for the State.

BELCHER, Commissioner.

Appellant was convicted for the offense of murder, and his punishment was assessed at ten years in the penitentiary.

The state's testimony shows that the deceased entered a beer joint, leaving his young son in his automobile and, as he was being served soda water at the counter, appellant, who was nearby in the room, fired a gun at the deceased. Immediately after the shot was fired, the deceased ran from

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