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GRANT v. STATE

No. 42344.

449 S.W.2d 480 (1969)

Eddie Lee GRANT, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied February 18, 1970.

Attorney(s) appearing for the Case

J. K. Chargois, Jr., Houston, for appellant.

Carol S. Vance, Dist. Atty., Houston, James C. Brough and Frank C. Price, Asst. Dist. Attys., Houston, and Jim Vollers, State's Atty., of Austin, for the State.

OPINION

DOUGLAS, Judge.

The conviction is for murder; the punishment, death.

The sufficiency of the evidence to show malice is challenged.

Appellant and Charles Walton, the deceased, had been drinking, and they argued about a loan to buy another bottle of wine. Witnesses for the State testified that they saw appellant with the pistol and later heard the shot, but did not see the shooting. It was shown that the deceased was seated and did...

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