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WOODARD v. STATE

No. 43440.

463 S.W.2d 197 (1971)

Loyd Dean WOODARD, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

February 17, 1971.

Attorney(s) appearing for the Case

H. Edward Johnson, Fort Worth (Court-appointed on appeal), for appellant.

Frank Coffey, Dist. Atty., Truman Power, Jack Q. Neal and John Garrett Hill, Asst. Dist. Attys., Fort 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 life.

The record reflects that appellant shot and killed his fifteen-month-old son with a rifle. Shirley Woodard, his wife, was sitting in an automobile and holding the baby at the time of the shooting. One shot hit her in the neck, but she lived.

The couple had been having marital difficulties and were separated.

Shirley...

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