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GARCIA v. STATE

No. 42768.

454 S.W.2d 400 (1970)

Ernest Eugene GARCIA, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied June 17, 1970.

Attorney(s) appearing for the Case

Walter Wolfram, Amarillo, for appellant.

Tom Curtis, Dist. Atty., Amarillo, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

ONION, Judge.

This is an appeal from a conviction for murder without malice with the punishment assessed at five years.

The indictment charged murder with malice.

The State's evidence reflects that the appellant shot and killed Billy Joe Stone on December 25, 1968, in Potter County. Testifying in his own behalf the appellant admitted shooting the deceased, but claimed self defense. The court charged on the law of self-defense. The...

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