WARE v. STATE

No. 45022.

480 S.W.2d 707 (1972)

Curtis WARE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

June 7, 1972.


Attorney(s) appearing for the Case

James W. Lee, III, Dallas (on appeal only), for appellant.

Henry Wade, Dist. Atty., Robert T. Baskett, Asst. Dist. Atty., Dallas, and Jim D. Vollers, State's Atty., and Robert A. Huttash, Asst. State's Atty., Austin, for the State.


OPINION

DALLY, Commissioner.

The conviction was for murder; the punishment, twenty-five years imprisonment.

The deceased, Melchia "Mack" NcNairy, the appellant's wife, the appellant and a number of other people were gathered at an apartment drinking beer in the late evening hours on July 19, 1968. The deceased was sitting on the floor close to the appellant's wife where she was fixing a wig. When the deceased was heard to say to her "that she could...

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