LINDSEY v. STATE

No. 47199.

501 S.W.2d 647 (1973)

Johnny Earl LINDSEY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied November 21, 1973.


Attorney(s) appearing for the Case

John Ellis, Dallas, for appellant.

Henry Wade, Dist. Atty., W. T. Westmoreland, Jr., Asst. Dist. Atty., Dallas, Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

MORRISON, Judge.

The offense is murder; the punishment, twenty-five (25) years.

Trial was before the court without the intervention of a jury.

Appellant raises two grounds of error, both of which go to the sufficiency of the evidence.

Appellant contends that the State failed to establish malice and intent to kill, and failed to identify appellant as the party responsible for the fatal injuries.

Shortly before 6:00...

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