McGOWEN v. STATE

No. 27794.

290 S.W.2d 521 (1956)

Yancy A. McGOWEN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied May 9, 1956.


Attorney(s) appearing for the Case

Sam L. Harrison, San Antonio, for appellant.

Dan Walton, Dist. Atty., Eugene Brady, Thomas D. White, Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.


DICE, Commissioner.

The offense is murder; the punishment, death.

The indictment charged that the appellant killed Herbert Schwartz by cutting and stabbing him with a knife, and further alleged a prior conviction of a capital offense for the purpose of enhancing the punishment under Article 64, V.A.P.C.

The state's evidence shows that the deceased and three companions were seated at a table in the 2K Sandwich Shop in the City of Houston between 1:30...

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