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SMITH v. STATE

No. 38553.

397 S.W.2d 70 (1965)

Harlan G. SMITH, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied January 5, 1966.

Attorney(s) appearing for the Case

Orville A. Harlan, Jack W. Knight, 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.

DICE, Commissioner.

The conviction is for murder; the punishment, life imprisonment.

The state's evidence shows that the deceased and her seventeen-year-old son lived in a duplex at 714 East 8½ Street in the city of Houston. The appellant and his family occupied the other side of the duplex at No. 716.

On the night of the killing, the deceased and a companion, Alfred Schade, left her apartment and went to a lounge where they drank some beer. When...

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