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SMITH v. STATE

No. 40869.

422 S.W.2d 475 (1968)

Hearne Edward SMITH, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

January 3, 1968.

Attorney(s) appearing for the Case

L. L. Duckett, of Duckett & Duckett, El Campo, Wm. A. Cline, Jr., of Cline & Cline, Wharton, for appellant.

R. A. Bassett, Dist. Atty., Richmond, Lloyd G. Rust, Jr., County Atty., Wharton, and Leon B. Douglas, State's Atty., Austin, for the State.

OPINION

BELCHER, Judge.

Following the state's withdrawal of its notice that it would seek the death penalty, and then giving notice in writing in open court that it would not seek the death penalty, the appellant entered a plea of guilty to the indictment charging him with murder with malice aforethought, waived a trial by jury, and his punishment was assessed by the court at sixty years.

The transcript of the evidence reveals that the appellant...

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