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BATES v. STATE

No. 39762.

409 S.W.2d 860 (1966)

Willie James BATES, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Second Rehearing Denied January 11, 1967.

Attorney(s) appearing for the Case

Victor R. Blaine, Houston, for appellant.

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

OPINION ON APPELLANT'S MOTION FOR REHEARING

MORRISON, Presiding Judge.

Our prior opinion is withdrawn, and the following substituted in lieu thereof.

The offense is murder without malice; the punishment, five years.

Notice of appeal was given prior to January 1, 1966.

The State's witness Jennings testified that on the day in question he participated with appellant and deceased in consuming several bottles of gin, and that later in...

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