DeVOYLE v. STATE

No. 43716.

471 S.W.2d 77 (1971)

Billy Allen DeVOYLE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

October 6, 1971.


Attorney(s) appearing for the Case

Piperi & Roberts, Holbrook & Harris, Killeen, for appellant.

Stanley Kicar, Dist. Atty., and Robert B. Wilson, John C. West, Jr., Asst. Dist. Attys., Belton, and Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

ON APPELLANT'S MOTION FOR REHEARING

ODOM, Judge.

Our opinion on original submission is withdrawn and the following is substituted in lieu thereof.

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

The record reflects that on the evening of April 26, 1969, Rayford Willis Cosper and James G. Levi were present at the Western Club in Harker Heights, near Killeen...

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