No. 31109.

336 S.W.2d 133 (1960)

Howard B. STICKNEY, Appellant, v. STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied March 16, 1960.

Certiorari Denied May 31, 1960.

Attorney(s) appearing for the Case

W. E. Martin and Kenyon Houchins, Houston, on appeal only (O. John Rogge, New York City, on the brief), for appellant.

Dan Walton, Dist. Atty., Neil McKay, Samuel H. Robertson, Jr., Asst. Dist. Atty., Houston, and Leon B. Douglas, State's Atty. Austin, for the State.

Certiorari Denied May 31, 1960. See 80 S.Ct. 1245.

DICE, Commissioner.

Appellant was convicted of murder and his punishment fixed at death.

The conviction is for the murder of Shirley Barnes which the indictment alleged was committed on or about the 24th day of May, 1958.

The State's evidence shows that the deceased, Shirley Barnes and her husband, Clifford Barnes, lived in apartment 7 at 900 Ruth Street in the City of Houston. The appellant...


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