DALRYMPLE v. STATE

No. 35392.

366 S.W.2d 576 (1963)

Elvis E. DALRYMPLE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied April 17, 1963.


Attorney(s) appearing for the Case

James H. Martin, Dallas, for appellant.

Alton R. Griffin, Dist. Atty., Lubbock, James R. Edwards, Asst. Dist. Atty., Lubbock, and Leon B. Douglas, State's Atty., of Austin, for the State.


McDONALD, Judge.

Appellant was charged under a five count indictment with the offense of murder, the fifth count charging commission of the offense "by some means unknown to the Grand Jury." This was the count submitted to the jury which resulted in their verdict of guilty and the assessment of thirty years' confinement in the State penitentiary as punishment.

The State's principal or star witness was an accomplice by the name of Herman Talley. Almost one...

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