THAMES v. STATE

No. 42540.

453 S.W.2d 495 (1970)

Theo Ray THAMES, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied May 27, 1970.


Attorney(s) appearing for the Case

Dalton C. Gandy, Fort Worth (Court Appointed), for appellant.

Frank Coffey, Dist. Atty., and Truman Power, John Brady and R. J. Adcock, Asst. Dist. Attys., Fort Worth, and Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

DOUGLAS, Judge.

The conviction is for murder; the punishment, death.

The record reflects that appellant shot and killed Billy Guy Tolleson, the operator of the Starlight Club in Fort Worth, on December 21, 1967. On the night of December 19, 1967, appellant and Earl Wayne Sanders, a co-indictee, entered the club where appellant wanted to play pool but did not want to wait his turn to play. A dispute arose and appellant produced a knife and...

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