MOSBY v. STATE

No. 45094.

482 S.W.2d 256 (1972)

Forrest Nelson MOSBY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied July 28, 1972.


Attorney(s) appearing for the Case

Allie L. Peyton, Houston, for appellant.

Carl S. Vance, Dist. Atty., James C. Brough and Thomas C. Dunn, Asst. Dist. Atty., Houston, and Jim D. Vollers, State's Atty., and Robert A. Huttash, Asst. State's Atty., Austin, for the State.


OPINION

DALLY, Commissioner.

The conviction was for murder; the punishment, ten years imprisonment.

On the afternoon of May 13, 1970, appellant's twenty-four year old girlfriend, Marion Waldon, was with appellant at his duplex, watching television. Between 3:00 p. m. and 4:00 p. m., Marion Waldon's mother, Roxie Kilgore, and older sister, Johnnie Chase, the deceased, walked from their home to appellant's apartment. The mother and the deceased went...

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