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FERNANDEZ v. STATE

No. 33726.

353 S.W.2d 434 (1962)

Jessie FERNANDEZ, Appellant, also known as Jesus Fernandez, Jr., v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

January 10, 1962.

Attorney(s) appearing for the Case

Wicks & Wicks, Ralls, E. A. Blair (on appeal only), Lubbock, for appellant.

George E. Gilkerson, Dist. Atty., James L. Bass, Jr., Asst. Dist. Atty., Lubbock, and Leon B. Douglas, State's Atty., Austin, for the State.

DICE, Commissioner.

Our prior opinion is withdrawn and the following substituted therefor.

The conviction is for murder; the punishment, life imprisonment.

The State's evidence shows that on Saturday night, March 12, 1960, appellant and the deceased attended a dance at the Analla Dance Hall in Lorenzo in Crosby County. Around 11 P.M., appellant and the deceased became engaged in a fight in which others present participated. In the fight the deceased...

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