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SANDERS v. STATE

No. 39274.

402 S.W.2d 735 (1966)

J. D. SANDERS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied May 25, 1966.

Attorney(s) appearing for the Case

James A. Moore, Clyde W. Woody, Fred H. Dailey, Jr., and John P. Farra, Houston, for appellant.

Carol S. Vance, Dist. Atty., James C. Brough and Thomas C. Dunn, Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.

WOODLEY, Judge.

The offense is murder; the punishment, life.

The indictment alleged that appellant, on or about the 5th day of July, 1964, "did with malice aforethought kill James Mason by shooting him with a gun."

Appellant moved to quash the indictment because of the absence of an allegation that he "voluntarily" killed the deceased.

This Court held in Crutchfield v. State, 110 Tex.Cr.R. 420, 10...

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