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FARRAR v. STATE

No. 27231.

277 S.W.2d 114 (1955)

Carrol FARRAR, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied March 30, 1955.

Attorney(s) appearing for the Case

John Cutler, Houston, Dee, Seals & Womack, by Woodrow Seals, Houston, for appellant.

Dan Walton, Dist. Atty., Eugene Brady, Jr., Asst. Dist. Atty., Houston, Wesley Dice, State's Atty., Austin, for the State.

BELCHER, Commissioner.

Appellant was convicted for the offense of murder with malice, and his punishment was assessed at death.

The state's testimony shows that Officer Tucker and Fritz Engelking, a Treasury Department employee, drove to George's Food Store between 7 and 8 P.M. and, as their automobile stopped, appellant, who was standing in front of the store, began firing a pistol at them. Officer Tucker returned

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