GALLOWAY v. STATE

No. 40604.

420 S.W.2d 721 (1967)

Robert Chester GALLOWAY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied December 6, 1967.


Attorney(s) appearing for the Case

Marks, Time & Aranson, by Fred Time, Dallas, for appellant.

Henry Wade, Dist. Atty., Tom Reese, Charles Caperton and Kerry P. FitzGerald, Asst. Dist. Attys., Dallas, and Leon B. Douglas, State's Atty., Austin, for the State.


OPINION

ONION, Judge.

The offense is murder with malice; the punishment assessed by the jury, twenty (20) years confinement in the Texas Department of Corrections.

On Saturday evening, November 20, 1965, Bernie Miles (the deceased), Maurice Thornton, Chester Wilson, and Annie Pearson were sitting at a table near the stage in Delmonico's, a Dallas nightclub. Near closing time appellant and one Acreston Henry ("Sixteen") and others began the performance...

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