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JOHNSON v. STATE

No. 43664.

465 S.W.2d 372 (1971)

Blane Donald JOHNSON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

April 14, 1971.

Attorney(s) appearing for the Case

Donald Metcalf, Dallas (by court appointment), for appellant.

Henry Wade, Dist. Atty., John B. Tolle, Harry J. Schulz, Jr., W. T. Westmoreland, Jr., and Edgar A. Mason, Asst. Dist. Attys., Dallas, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

MORRISON, Judge.

The offense is murder, the punishment, life.

The State filed its intention not to seek the death penalty and the appellant, after being duly warned and with the assistance of counsel, entered his plea of guilty.

The indictment reads as follows:

"* * * Blane Donald Johnson * * * did * * * voluntarily and with malice aforethought kill Erle C. Patrick by torture, to-wit, the said Blane Donald Johnson * * * did...

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