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BRELAND v. STATE

No. 45486.

489 S.W.2d 623 (1973)

Douglas Q. BRELAND, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied February 16, 1973.

Attorney(s) appearing for the Case

Luther E. Jones, Jr., Corpus Christi, Phillip D. Hardberger, San Antonio, for appellant.

Ted Butler, Dist. Atty., Charles Conaway, Robert Spicer and Antonio G. Cantu, Asst. Dist. Atty., San Antonio, Jim D. Vollers, State's Atty., and Robert A. Huttash, Asst. State's Atty., Austin, for the State.

OPINION

DALLY, Commissioner.

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

The punishment of the appellant has been commuted from death to life imprisonment by the Honorable Preston Smith, Governor of Texas, by proclamation dated November 22, 1972. This has rendered moot the appellant's first two grounds of error concerning the assessment of the death penalty.

The appellant's third ground of error urges for the first time...

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