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DE LIRA v. STATE

No. 28255.

297 S.W.2d 953 (1956)

Manuel DE LIRA, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied January 9, 1957.

Second Motion for Rehearing Denied January 30, 1957.

Attorney(s) appearing for the Case

William B. Moss, Sinton, Wade & Wade, Reese D. Wade, Beeville, for appellant.

John H. Miller, Dist. Atty., Sinton, and Leon B. Douglas, State's Atty., Austin, for the State.

DAVIDSON, Judge.

The conviction is for murder with malice, with punishment assessed at life imprisonment.

The evidence is undisputed that appellant killed the deceased by shooting him with a gun on an occasion when the deceased and his three companions came to the LaFiesta Bar, which was a place operated by the appellant and his son, Adolfo De Lira.

It was the state's theory that the shooting was without...

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