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FENNELL v. STATE

No. 40830.

424 S.W.2d 631 (1968)

Fred FENNELL, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

March 6, 1968.

Attorney(s) appearing for the Case

Ray Epps, John Cutler, Houston, for appellant.

Carol S. Vance, Dist. Atty., Joe S. Moss, James C. Brough, Wells Stewart and J. Robert Musslewhite, Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.

OPINION ON STATE'S MOTION FOR REHEARING

ONION, Judge.

Our original opinion is withdrawn and the following is substituted in lieu thereof.

The offense is Murder without Malice; the punishment, assessed by the trial court after a verdict of guilty, five (5) years confinement in the Texas Department of Corrections.

On original submission this cause was reversed and remanded on the grounds (1) that the facts were insufficient to show an unlawful...

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