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MONTGOMERY v. STATE

No. 43308.

460 S.W.2d 419 (1970)

Howard MONTGOMERY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

December 9, 1970.

Attorney(s) appearing for the Case

Thomas A. Sneed, Woodrow W. Weir, Jr., Odessa, for appellant.

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

OPINION

ONION, Judge.

This is an appeal from a conviction for murder where the jury assessed the punishment at 14 years.

The sufficiency of the evidence is not challenged. Suffice it to say the State's evidence reflects that the appellant killed the deceased, Beatrice Richardson, by shooting her with a gun in the Zanzibar Lounge in the city of Odessa on the morning of March 2, 1968. It appears the appellant walked up to the table where the deceased...

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