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SHUMAKE v. STATE

No. 46640.

502 S.W.2d 758 (1973)

Robert James SHUMAKE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

November 7, 1973.

Attorney(s) appearing for the Case

Malcolm Dade, Dallas, (Court appointed on appeal only), for appellant.

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

OPINION

ODOM, Judge.

This appeal is from a conviction for the offense of murder with malice. Punishment was assessed by a jury at fifty years.

The sufficiency of the evidence is not challenged. Nevertheless, a brief recitation of the facts will be set out.

The record reflects that on the 26th day of September, 1970, one John Thomas Black was shot to death while eating barbecue at "Cole's Place" in Dallas. Daniel Miller testified that appellant...

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