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SMITH v. STATE

No. 44264.

475 S.W.2d 238 (1971)

Bobby Therrell SMITH, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied February 2, 1972.

Attorney(s) appearing for the Case

Bob Tarrant, Houston, for appellant.

Carol S. Vance, Dist. Atty., James C. Brough and James Larkin, Asst. Dist. Atty., Houston, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

DAVIS, Commissioner.

This is an appeal from a conviction of murder without malice. Trial was before the court on a plea of not guilty without the intervention of a jury. Punishment was assessed at two years.

The record reflects that Barbara Smith (appellant's wife), Tom Hoffman, Evelyn Goodwin and Bob Dalton left the Thunderbird Lounge in Houston and went to Dalton's apartment about midnight where they drank beer for about two hours, after...

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