No. 44330.

475 S.W.2d 924 (1971)

Edward David MULLANE, III, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied March 1, 1972.

Attorney(s) appearing for the Case

Clyde W. Woody, Marian S. Rosen, Thomas E. Lucas, Houston, 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.


DALLY, Commissioner.

The conviction is for murder with malice; the punishment, life.

The sufficiency of the evidence has not been challenged. The appellant testified in his own behalf. A brief part of appellant's testimony on direct examination by his retained counsel is as follows:

"I picked the gun up and slid over to the the driver's side. And when he got in the car, I still had the gun in my hand. And he took out his money and...


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