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CASTANEDA v. STATE

No. 32007.

340 S.W.2d 489 (1960)

Francisco CASTANEDA, Appellant, v. STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

November 9, 1960.

Attorney(s) appearing for the Case

Frank W. Steinle, Sam L. Harrison, San Antonio, for appellant.

J. Taylor Brite, Dist. Atty., Jourdanton, and Leon B. Douglas, State's Atty., Austin, for the State.

BELCHER, Commissioner.

The offense is murder without malice under Art. 802c, Vernon's Ann.P.C.; the punishment, five years.

The prior opinion reversing this case on the ground of jury misconduct is withdrawn. Our attention has now been directed to the fact that no exception to the action of the trial court in overruling the amended motion for a new trial appears in the record. There are no formal bills of exception.

In order to present certain claims...

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