PARKS v. STATE

No. 41837.

437 S.W.2d 554 (1969)

Tony PARKS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

February 19, 1969.


Attorney(s) appearing for the Case

Thomas E. Lucas, John B. Bible, Houston, for appellant.

Carol S. Vance, Dist. Atty., Phyllis Bell and Erwin G. Ernst, Atty. Dist. Atty., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.


OPINION

ONION, Judge.

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

The undisputed evidence shows that one Isaac Walter August was shot and killed during an attempted armed robbery of the Denver Harbor Liquor Store on Lyons Avenue in the City of Houston on November 12, 1966, at approximately 7:30 p. m. The autopsy established that he had been shot three times by a .22 caliber gun.

Pearl Toon testified that...

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