CHOICE v. STATE

No. 44999.

480 S.W.2d 742 (1972)

Eolis CHOICE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

May 24, 1972.


Attorney(s) appearing for the Case

David F. Farris, Fort Worth (Court appointed on appeal), for appellant.

Doug Crouch, Dist. Atty., Clint D. Starr, Marvin D. Snodgrass, Roger Crampton and Ann Delugach, Asst. Dist. Attys., Fort Worth, and Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

MORRISON, Judge.

The offense is murder without malice; the punishment, four (4) years.

The record reflects that the appellant and the deceased had known each other for a number of years and that they were engaged in a cuss fight in a bar on the night of the homicide. The witnesses for the State gave an account of an unprovoked killing while those for the defendant described a self-defense situation including communicated threats and an overt...

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