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WILSON v. STATE

No. 27418.

275 S.W.2d 798 (1955)

Ray WILSON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

March 2, 1955.

Attorney(s) appearing for the Case

Carl Cannon, Groesbeck, Bowlen Bond, Teague, for appellant.

Joe Schultz, Jr., former County Atty., Mexia, Lewis M. Seay, County Atty., L. L. Geren, Sp. Prosecutor, Groesbeck, Leon Douglas, State's Atty., Austin, for the State.

DICE, Commissioner.

The conviction is for murder without malice; the punishment, five years' confinement in the penitentiary.

The evidence shows that the deceased was the wife of appellant and died as the result of being hit on the head by a rock thrown by him, while appellant, the deceased and some young children were driving a cow.

It was the State's theory that appellant intentionally threw the rock at the deceased,

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