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CROSS v. STATE

No. 42253.

446 S.W.2d 314 (1969)

Jimmy Gray CROSS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied November 19, 1969.

Attorney(s) appearing for the Case

Will Gray, Houston (on appeal only), for appellant.

Carol S. Vance, Dist. Atty., Erwin G. Ernst, Asst. Dist. Atty., Houston, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

WOODLEY, Presiding Justice.

The offense is murder with malice; the punishment, life.

Trial was before a jury on a plea of not guilty. The state withdrew its notice that the death penalty would be sought after the jury returned its verdict finding appellant guilty, and appellant waived a jury trial on the issue of punishment and requested that the court assess the punishment.

The undisputed evidence was that appellant killed his wife...

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