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CAREW v. STATE

No. 43937.

471 S.W.2d 860 (1971)

Edward G. CAREW, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied October 20, 1971.

Attorney(s) appearing for the Case

James W. Girardeau, of Zorn, Girardeau & Pfennig, Bayton, for appellant.

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

OPINION

MORRISON, Judge.

The offense is that of being an accomplice to murder; the punishment, ten (10) years.

The indictment, omitting the formal parts alleged:

"Edward David Mullane, III, did with malice aforethought kill Thad Felton by shooting him with a gun and that Herbert G. Carew, on or about the second day of March, A.D., 1967, in said County and State, prior to the commission of the aforesaid offense by the said Edward David Mullane...

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