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SMITH v. STATE

No. 39832.

410 S.W.2d 642 (1966)

Samuel SMITH, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied February 8, 1967.

Attorney(s) appearing for the Case

H. R. Rolston, Lufkin, for appellant.

Leon B. Douglas, State's Atty., Austin, for the State.

OPINION

McDONALD, Judge.

The offense is murder without malice; the punishment, five years confinement in the Texas Department of Corrections.

Trial was had and notice of appeal given prior to January 1, 1966.

The indictment alleged that appellant killed Pamela Smith by beating her with a fan belt. Testimony offered by the state reflects that the deceased was the daughter of the appellant.

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