SEAY v. STATE

No. 38318.

395 S.W.2d 40 (1965)

Rufus Harvey SEAY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied November 17, 1965.


Attorney(s) appearing for the Case

Charles W. Tessmer, Dallas (on appeal only), Emmett Colvin, Jr., Dallas (on appeal only), Thomas J. Upchurch, Jr., Amarillo (on appeal only), for appellant.

Frank Briscoe, Dist. Atty., Carl E. F. Dally and Erwin G. Ernst, Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.


McDONALD, Presiding Judge.

The offense is murder; the punishment, confinement in the Texas Department of Corrections for ten (10) years.

We shall pretermit a discussion of the facts, in view of our disposition of this case.

Appellant filed an application for a suspended sentence. In support of this application, he adduced testimony from his mother, Mrs. Irene Kite, that he had never been convicted of a felony in this or any other state. No questions...

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