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McKENZIE v. STATE

No. 42319.

488 S.W.2d 801 (1972)

F. L. McKENZIE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

December 6, 1972.

Attorney(s) appearing for the Case

Jake C. Cook, Fort Worth (On Appeal Only), Will Gray, Houston, for appellant.

Frank Coffey, Dist. Atty., John Brady, Rufus Adcock, Ronald W. Quillin, John W. Howze, and Truman Power, Asst. Dist. Attys., Fort Worth, Jim D. Vollers, State's Atty., Robert A. Huttash, Asst. State's Atty., Austin, for the State.

OPINION

MORRISON, Judge.

This cause is on remand from the United States Supreme Court which reversed the judgment "insofar as it imposes the death penalty".1 The imposition of the death penalty may no longer be assessed under our present statutes. Furman v. Georgia, 408 U.S. 238, 92 S.Ct. 2726, 33 L.Ed.2d 346.

On August 29, 1972, the Honorable Preston Smith, Governor of Texas, granted appellant...

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