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CARAWAY v. STATE

No. 44187.

489 S.W.2d 106 (1971)

Thomas Franklin CARAWAY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied January 17, 1973.

Attorney(s) appearing for the Case

James A. Moore, Lynn C. Hensley, Houston, for appellant.

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

OPINION

ROBERTS, Justice.

This is an appeal from a conviction for murder with malice aforethought. Trial was before a jury, with the punishment assessed at death.

Appellant asserts eight grounds of error; six of the grounds relate to the court's charge and two to the appellant's confession being admitted into evidence.

The indictment alleged that the appellant, on December 29, 1968, "did with malice aforethought kill Nathan Lee Webb by choking...

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