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DORSEY v. STATE

No. 42379.

450 S.W.2d 332 (1969)

Dwain Douglas DORSEY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied February 18, 1970.

Attorney(s) appearing for the Case

Charles W. Tessmer, Frank S. Wright, Dallas, for appellant.

Henry Wade, Dist. Atty., John Tolle, Charles Caperton, Tom Reese, Malcolm Dade and Kerrry P. FitzGerald, Asst. Dist. Attys., Dallas, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

WOODLEY, Presiding Judge.

The offense is murder; the punishment, 99 years.

The indictment alleged that appellant did, on or about the 19th day of December 1966, voluntarily and with malice aforethought kill Charles Adran Barnard by shooting him with a gun.

The state elected not to seek the death penalty. Appellant entered a plea of not guilty and filed application for probation.

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