OPINION
GREEN, Commissioner.
This is an appeal from a conviction of murder with malice. Punishment was assessed at thirty-five years.
The sufficiency of the evidence is not challenged. The evidence, including testimony of the appellant, reflected that appellant shot and killed deceased in the Montanez Bar in Midland about 9:00 p.m. on September 5, 1971.
Prior to the introduction in evidence of appellant's confession, the court, in the absence...
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