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BURNS v. STATE

No. 37516.

388 S.W.2d 690 (1965)

John Franklin BURNS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied April 7, 1965.

Attorney(s) appearing for the Case

Louis G. Mehr, Court appointed atty., J. R. Ramsey, Houston, for appellant.

Frank Briscoe, Dist. Atty., Carl E. F. Dally, James C. Brough and Thomas C. Dunn, Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.

McDONALD, Presiding Judge.

The offense is murder; the punishment, death.

The evidence adduced by the state is reflected by the testimony from 10 witnesses.

On the 21st day of August, 1963, appellant, John Franklin Burns, W. H. Perkins, and Jessie J. Odum, deceased, spent a good portion of the evening going from bar to to bar, and drinking beer, in the section of Houston and surrounding areas through which the Market Street Road passes in

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