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McKENZIE v. STATE

No. 42319.

450 S.W.2d 341 (1969)

F. L. McKENZIE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied March 4, 1970.

Attorney(s) appearing for the Case

Jake C. Cook, Fort Worth (court appointed on appeal only), for appellant.

Frank Coffey, Dist. Atty., John Brady, Rufus Adcock, Ronald W. Quillin, John Howze and Truman Power, Asst. Dist. Attys., Fort Worth, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

BELCHER, Judge.

The conviction is for murder; the punishment, death.

The appellant, in his first ground of error, complains that the trial court erred in not granting his oral motion to quash the indictment on the ground that it does not sufficiently allege the elements of the offense of murder by arson. The formal parts having been omitted, the indictment reads as follows:

"One F. L. McKenzie, hereinafter styled Defendant, in the...

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