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DAVIS v. STATE

No. 41877.

440 S.W.2d 291 (1969)

Johnny Wayne DAVIS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied May 21, 1969.

Attorney(s) appearing for the Case

Samuel R. Jones, Dan Francis, Waco, for appellant.

Martin D. Eichelberger, Dist. Atty., John B. McNamara, Asst. Dist. Atty., Waco, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

DOUGLAS, Judge.

The offense is murder; the punishment five years.

The record reflects that appellant, Johnny Wayne Davis, killed Randall Ernest Mull with a rifle. Davis was angry because Mull owed him a gambling debt arising out of a pool game. After Mull left the pool hall, Jimmy Hoge, James Richards, Donald Richards and Davis decided to find and fight Mull. They took along a 30-30 caliber deer rifle for Davis to hold on Mull during the...

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