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CARTER v. STATE

No. 41349.

431 S.W.2d 8 (1968)

John Michael CARTER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

June 19, 1968.

Attorney(s) appearing for the Case

James Martin, (On Appeal Only), Emmett Colvin, Jr., Dallas (On Appeal Only), for appellant.

Henry Wade, Dist. Atty., Scott Bradley, Malcolm Dade and Kerry P. FitzGerald, Asst. Dist. Attys., Dallas, and Leon B. Douglas, State's Atty., Austin, for the State.

OPINION

DICE, Judge.

The conviction is for murder; the punishment, life.

The state's evidence shows that on the night in question the deceased, a young soldier from Fort Hood, was at home in Dallas on leave granted by his commanding officer because of his twenty-first birthday. Around midnight he and three companions, Calvin Richard West, Jr., James Woodson, and Herman Lee Wheatley, left Terry's Playhouse, "a night club type place" in north Dallas...

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