GRAVES v. STATE

No. 36595.

382 S.W.2d 486 (1964)

James Edward GRAVES, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied June 10, 1964.

Second Motion for Rehearing Denied October 21, 1964.


Attorney(s) appearing for the Case

Peter S. Navarro, Jr., King C. Haynie (on appeal only), J. S. Bailey, Jr., Houston, for appellant.

Frank Briscoe, Dist. Atty., Carl E. F. Dally and Jon N. Hughes, Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.


BELCHER, Commissioner.

The conviction is for murder; the punishment, death.

The deceased, Selmon Phillips, and his wife, were operating a motel on October 5, 1962. While Mrs. Phillips was seated at the telephone switchboard behind the counter, and the deceased was seated nearby, the appellant appeared at the door of the office about 9 p. m. When the deceased asked him inside, the appellant entered, threw a paper sack upon the counter, pulled his pistol, and...

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