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LAVAN v. STATE

No. 34882.

363 S.W.2d 139 (1962)

John LAVAN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied January 9, 1963.

Attorney(s) appearing for the Case

C. C. Divine, Houston, for appellant.

Frank Briscoe, Dist. Atty., Samuel H. Robertson, Jr., and Wallace C. Moore, 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 deceased, Mrs. Cecelia Atkins, a 54-year-old widow, operated a small grocery store in the city of Houston and lived alone in the residence portion of the store building. John E. Heffernan, an elderly gentleman who had retired from city employment, was a close personal friend of the deceased and assisted her in the operation of the store. It was...

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