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RICHARDSON v. STATE

No. 34316.

356 S.W.2d 676 (1962)

James H. RICHARDSON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

March 21, 1962.

Attorney(s) appearing for the Case

Mac L. Bennett, Jr., Normangee, John Lawrence, III, Bryan, for appellant.

Gus L. Lanier, Dist. Atty., Centerville, D. Brooks Cofer, Jr., County Atty., Bryan, Bryan F. Russ, Hearne, and Leon B. Douglas, State's Atty., Austin, for the State.

DICE, Commissioner.

Appellant was convicted in the District Court of Brazos County, after a change of venue from Leon County, for the offense of murder and his punishment assessed at confinement in the penitentiary for forty years.

The State's evidence shows that the deceased lived and worked on the farm of Elbert F. Kitchen located approximately a mile and a half east of Flynn in Leon County. On Sunday night October 23, 1960, appellant came to Kitchen's home...

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