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KERRY v. STATE

No. 42814.

452 S.W.2d 480 (1970)

Emma KERRY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

March 25, 1970.

Attorney(s) appearing for the Case

Oliver & Oliver, San Antonio, for appellant.

J. Brite Taylor, Dist. Atty., Jourdanton, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

WOODLEY, Presiding Judge.

Tried upon an indictment alleging that she unlawfully, wilfully and with malice aforethought killed Scotty Kerry by shooting him with a gun, and the state having elected not to seek the death penalty, appellant filed application for probation and entered a plea of not guilty before a jury. Trial on the issue of guilt or innocence resulted in a verdict finding appellant guilty of murder without malice aforethought.

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