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MOSLEY v. STATE

No. 33900.

354 S.W.2d 391 (1962)

Walter Henry MOSLEY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied February 28, 1962.

Attorney(s) appearing for the Case

E. A. Berry, Jr., Dickinson, Joe Moss, Houston, for appellant.

Frank Briscoe, Dist. Atty., Samuel H. Robertson, Jr. and Howell E. Stone, Assts. Dist. Atty., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.

WOODLEY, Presiding Judge.

The offense is murder; the punishment, death.

The indictment alleged the voluntary killing with malice aforethought of Tommy Box by shooting him with a gun.

Tommy Box, a 13 year old boy, and his father, Brady Box, were employees at the Luce Oil Company Service Station at the intersection of Little York and Aldine-Westfield Road.

Joseph Paul LaMier, a customer of the service station for some ten years and who had been...

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