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ELMO v. STATE

No. 44618.

476 S.W.2d 296 (1972)

Violen ELMO, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

February 23, 1972.

Attorney(s) appearing for the Case

James P. Finstrom, Dallas, for appellant.

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

OPINION

DALLY, Commissioner.

The conviction is for murder with malice; the punishment, life imprisonment.

On the night of December 19, 1969, the appellant went to the Teardrop Inn in Dallas. He was in the company of his girlfriend, Ester "Gerry" Hilburn, his brother, Robert Terry and Terry's brother. Gerry Hilburn testified that the appellant had consumed some beer that night and that they had argued. She said that the appellant and Robert Terry...

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