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MULLINS v. STATE

No. 38550.

397 S.W.2d 426 (1965)

J. W. MULLINS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied January 19, 1966.

Attorney(s) appearing for the Case

Dennis P. Ratliff, Haskell, Scarborough, Black, Tarpley & Scarborough, by Davis L. Scarborough, Abilene, for appellant.

Roy Adkins, Dist. Atty., Haskell, and Leon B. Douglas, State's Atty., Austin, for the State.

BELCHER, Commissioner.

The conviction is for murder; the punishment, fifteen years.

The testimony offered by the state reveals that after the appellant and Herman Lacey left a drive-in about 11:30 A.M. in appellant's pickup, the appellant said, "Would you like to play a little?," and Lacey answered, "Yeah, I guess so," and the appellant replied, "Well, maybe we can find something," and drove about three or four...

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