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CAVAZOS v. STATE

No. 35043.

365 S.W.2d 178 (1963)

Rafael CAVAZOS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied March 13, 1963.

Attorney(s) appearing for the Case

Oscar Cavazos, Raymondville, Gus L. Kowalski, Kingsville, Kelley, Looney, McLean & Littleton by Rogers Kelley, Edinburg, for appellant.

Edna Cisneros, Dist. Atty, Raymondville, J. H. Fugate, Jr., Sp. Prosecutor, Kingsville, Sam L. Jones, Dist. Atty., Corpus Christi, and Leon B. Douglas, State's Atty., Austin, for the State.

BELCHER, Commissioner.

The prior opinion is withdrawn and the following is substituted therefor.

The conviction is for murder; the punishment, 35 years.

The trial was had in Kleberg County on a change of venue from Willacy County.

The state introduced evidence that the appellant, shortly after 2 A.M. on August 8, 1959, telephoned Dr. Spence, a physician, at his home, asking that he come because something...

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