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EVILSIZER v. STATE

No. 45198.

487 S.W.2d 113 (1972)

Charles Bartling EVILSIZER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied December 13, 1972.

Attorney(s) appearing for the Case

Emmett Colvin, Jr., Don J. Metcalf, Dallas, for appellant.

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

OPINION

ODOM, Judge.

This appeal is from a conviction for the offense of murder; punishment was assessed by the jury at life.

The record reveals that on November 15, 1967,1 appellant and deceased, the aunt of appellant's estranged wife, were talking in the front yard of deceased's home in Dallas. Following a brief argument, deceased struggled with appellant and shouted to a...

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