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TOWNSEND v. STATE

No. 45247.

486 S.W.2d 768 (1972)

Gary Lee TOWNSEND, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied December 6, 1972.

Attorney(s) appearing for the Case

Malcom Dade, Dallas, for appellant.

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

OPINION

MORRISON, Judge.

The offense is murder; the punishment, life.

The record reflects that Willie Oscar Bluain was murdered at McNeal's Cafe during the early morning hours of New Year's Day, 1969. Willie Campbell, owner of the Blue Room Cafe which is approximately 1½ to 2 miles from McNeal's, testified that on New Year's Eve, 1968, the appellant checked a small calibre pistol with him when he entered his cafe. At midnight he, appellant and...

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