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MILLER v. STATE

No. 43740.

468 S.W.2d 818 (1971)

Victor MILLER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied July 28, 1971.

Attorney(s) appearing for the Case

Will Gray, Houston, for appellant.

Carol S. Vance, Dist. Atty., Phyllis Bell and Ted Busch, Asst. Dist. Attys., Houston, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

ODOM, Judge.

This appeal is from a conviction for the offense of murder with malice. The punishment was assessed by the jury at life.

The record reflects that appellant, in company with Eugene DeLeon, an employee of a service station in Pasadena, was working on his car during the evening of November 6, 1965; that the deceased entered the service station around midnight and asked to use the telephone. After completing her call, she walked...

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