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ENGLISH v. STATE

No. 31766.

338 S.W.2d 446 (1960)

Eugene ENGLISH, Appellant, v. STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied June 8, 1960.

Attorney(s) appearing for the Case

Charles William Tessmer, Dallas (On Appeal Only), for appellant

Henry Wade, Criminal Dist. Atty., Frank Watts, Thomas B. Thorpe, Philip Burleson, Asst. Dist. Attys., Dallas, and Leon B. Douglas, State's Atty., Austin, for the State.

MORRISON, Presiding Judge.

The offense is murder; the punishment, 10 years.

It is undisputed that appellant shot and killed the deceased. Appellant's plea of self defense was rejected by the jury, and we find the evidence sufficient to support their verdict. The question of the competency of the witness Lue Bertha Russell appears to have been waived when she was permitted to testify with no objection as to competency. Parrish v. State, Tex.Cr.App.,

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