DOMINGUEZ v. STATE

No. 43051.

459 S.W.2d 628 (1970)

Miguel Espinoza DOMINGUEZ, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

November 18, 1970.


Attorney(s) appearing for the Case

Jack N. Ferguson, El Paso (appointed on appeal only), for appellant.

Jamie C. Boyd, Dist. Atty., Wanda E. Creamer, Asst. Dist Atty., El Paso, for the State.


OPINION

ON APPELLANT'S MOTION FOR REHEARING

BELCHER, Judge.

The conviction is under Art. 802c, Vernon's Ann.P.C., for the offense of murder without malice; the punishment, three years.

The prior opinion is withdrawn.

The appellant contends that the evidence is insufficient to support the conviction.

The testimony of the state reflects that while Diana Alexander and Elizabeth Ann Kelly, age ten at time of trial, were at a...

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