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JONES v. STATE

No. 40175.

416 S.W.2d 412 (1967)

Delbert Winston JONES, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied July 19, 1967.

Attorney(s) appearing for the Case

Tom L. White, L. Holt Magee, Monahans, for appellant.

A. R. Archer, Jr., Dist. Atty., Monahans, and Leon B. Douglas, State's Atty., Austin, for the State.

OPINION

WOODLEY, Presiding Judge.

The offense is murder; the punishment, life.

This case was tried after the effective date of the 1965 Vernon's Ann.Code of Criminal Procedure and prior to the decision of this Court in Rojas v. State, Tex. Cr.App., 404 S.W.2d 30, in which we held that the alternate procedure provided in Art. 37.07, Sec. 2, of said Code is not applicable in a capital case where the state is seeking...

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