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HARE v. STATE

No. 42786.

460 S.W.2d 124 (1970)

Roy David HARE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied October 21, 1970.

Second Rehearing Denied December 9, 1970.

Attorney(s) appearing for the Case

Kilgore, Cole & Garrett, by W. W. Kilgore, Cullen, Edwards, Williams & Stevenson, Clarence N. Stevenson, Victoria, for appellant.

William C. Sparks, Dist. Atty., D. F. Martinak, Asst. Dist. Atty., Victoria, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

WOODLEY, Presiding Judge.

The offense is murder; the punishment, life.

The indictment alleged that appellant did, on or about August 11, 1967, voluntarily and with malice aforethought kill Billye Sue Zandonatti by shooting her with a gun.

A preliminary trial on the issue of present insanity (competency to make a rational defense) on February 21, 1968, resulted in a jury verdict finding appellant was insane; that he required hospitalization...

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