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ESCAMILLA v. STATE

No. 43460.

464 S.W.2d 840 (1971)

Juan ESCAMILLA, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied April 14, 1971.

Attorney(s) appearing for the Case

Garland G. Weir, San Antonio, for appellant.

Ted Butler, Dist. Atty., Earl C. Hill and Sparta Bitsis, Asst. Dist. Attys., San Antonio, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

ROBERTS, Judge.

This is an appeal from a conviction of murder without malice. The jury assessed punishment at four years confinement.

A summary of the State's evidence shows that appellant shot and killed the deceased with a gun. The shooting occurred in a "lounge, bar." Numerous eye witnesses testified to these facts.

Appellant, in effect, urges three grounds of error.

The first, that the State failed and refused to place...

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