BREEDEN v. STATE

No. 41810.

438 S.W.2d 105 (1969)

Clarence William BREEDEN, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied March 26, 1969.


Attorney(s) appearing for the Case

John Mark McLaughlin of Runge, Marschall, Hall & McLaughlin, San Angelo (Court Appointed on Appeal), for appellant.

Gordon Griffin, Jr., Dist. Atty., Brownwood, Royal Hart, Dist. Atty., San Angelo, and Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

BELCHER, Judge.

The conviction is for murder; the punishment, ninety-nine years.

Trial was had before a jury on a one stage trial and the appellant filed his application for probation.

It is contended that the trial court erred in failing to quash the indictment in that it alleges two separate and distinct offenses, that is, murder with malice in the first count, and in the second count robbery with firearms, on the ground that it...

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