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COOK v. STATE

No. 37238.

398 S.W.2d 284 (1965)

Oscar F. COOK, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied January 5, 1966.

Attorney(s) appearing for the Case

William T. Moore, Bryan, Robert D. Peterson, (Court-appointed counsel), Reagan & Welch, Marlin, (Court-appointed counsel), for appellant.

Thomas B. Bartlett, Jr., Marlin, John B. Henderson, Jr., Cameron, and Leon B. Douglas, State's Atty., Austin, for the State.

McDONALD, Presiding Judge.

The offense is murder with malice aforethought; the punishment, death.

Trial was held in Falls County on a change of venue from Milam County. The indictment alleged that appellant unlawfully and voluntarily and with malice aforethought killed Mrs. Dan Crow on or about the 14th day of May, 1963.

The evidence reveals that appellant and Velma Cook, daughter of the deceased, had been married in 1959, that their marriage

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