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MYERS v. STATE

No. 43170.

459 S.W.2d 859 (1970)

Billy MYERS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

November 25, 1970.

Attorney(s) appearing for the Case

Royal Caswell, Odessa, for appellant.

John Green, Dist. Atty., and John Hoestenbach, Jr., Asst. Dist. Atty., Odessa, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

WOODLEY, Presiding Judge.

The offense is murder with malice; the punishment, 17 years.

The indictment alleged that appellant, on or about the 17th day of August, 1968, did voluntarily and with malice aforethought kill Roy McNeal by shooting him with a gun.

Horace Triggs was the state's first witness. The first testimony elicited from him by the state was that he was 45 years old, that he came to Odessa in 1951 and had been there since...

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