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KEMPH v. STATE

No. 43419.

464 S.W.2d 112 (1971)

Albert Alan KEMPH, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied March 24, 1971.

Attorney(s) appearing for the Case

Fred Fick, Fort Worth, for appellant.

Frank Coffey, Dist. Atty., Jack Q. Neal, Otto Stephani, Truman Power and R. W. Crampton, Asst. Dist. Attys., Forth Worth, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

DOUGLAS, Judge.

This is an appeal from a conviction for murder. The punishment was assessed by the jury at 150 years.

Complaint is made of the argument of the assistant district attorney at the guilt stage of the trial that it injected unsworn testimony of a harmful and prejudicial nature.

The record reflects that the appellant shot and killed Wanda Simpson. The appellant, age 36, had been dating Dianne Simpson, the fifteen-year-old...

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