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PENRY v. STATE

No. 43299.

461 S.W.2d 626 (1970)

Johnie Leroy PENRY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

December 31, 1970.

Attorney(s) appearing for the Case

John O. Young, Orange, for appellant.

Bill A. Martin, Dist. Atty., Newton, Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

DOUGLAS, Judge.

This is an appeal from a conviction for murder under Article 802c, Vernon's Ann. P.C. The punishment was assessed by the jury at five years.

The indictment, returned June 8, 1967, alleged that on or about the 9th day of April, 1967, appellant did unlawfully, while intoxicated and under the influence of intoxicating liquor, drive and operate an automobile upon a public highway and...

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