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CHERRY v. STATE

No. 44761.

488 S.W.2d 744 (1972)

James Walter CHERRY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied December 13, 1972.

Second Rehearing Denied January 24, 1973.

Attorney(s) appearing for the Case

Melvyn Carson Bruder (Court-appointed), Donald D. Koons, Dallas (Court-appointed, on appeal), for appellant.

Henry Wade, Dist. Atty., John B. Tolle, Asst. Dist. Atty., Dallas, and Jim D. Vollers, State's Atty., Robert A. Huttash, Asst. State's Atty., Austin, for the State.

OPINION

DALLY, Commissioner.

The appellant was convicted for murder; the jury assessed the punishment at death.

As a result of a phone call received from an officer of the Mesquite Police Department on the morning of January 10, 1969, Deputies Alvin Maddox, Jr. and Eddie Raymond Walthers of the Dallas County Sheriff's Department went to the Eastern Hills Motel at 3422 Samuels Boulevard in Dallas to make...

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