MANCIL v. STATE

No. 37838.

391 S.W.2d 731 (1965)

William M. MANCIL, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

June 23, 1965.


Attorney(s) appearing for the Case

Joe H. Tonahill, Joe Bob Golden, Jasper, for appellant.

Floyd W. Addington, Dist. Atty., Jasper, Bill A. Martin, County Atty., Newton, and Leon B. Douglas, State's Atty., Austin, for the State.


MORRISON, Judge.

The offense is murder; the punishment, 30 years.

Our prior opinion affirming the conviction is withdrawn.

The State's eye witness Hall on direct examination in describing the shooting testified as follows: "The oldest little boy got ahold of the gun and he (appellant) was wrestling to get the gun away from him. That's the truth about it. And somehow or other when he taken the gun away from him, from the boy, well, he's (appellant)...

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