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EDMONSON v. STATE

No. 37181.

384 S.W.2d 702 (1964)

Earnest Manuel EDMONSON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied December 16, 1964.

Attorney(s) appearing for the Case

Malcolm Sanders, Beaumont, for appellant.

W. C. Lindsey, Dist. Atty., Kenneth L. Parker, Asst. Dist. Atty., Beaumont, and Leon B. Douglas, State's Atty., Austin, for the State.

BELCHER, Commissioner.

The conviction is for murder without malice; the punishment, five years.

The testimony of the state reveals that the appellant was visiting his niece, Dorothy, and her sister, Gloria, in Dorothy's side of a duplex; that Ruthie, a sister of Dorothy and Gloria, lived in the other side of the duplex with the deceased. Shortly after the deceased and Ruthie came home around midnight, they heard them talking loudly but not arguing. At this...

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