ZAPATA v. STATE

No. 45782.

493 S.W.2d 801 (1973)

Tules ZAPATA, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied May 16, 1973.


Attorney(s) appearing for the Case

Ruben Montemayor and Harry A. Nass, Jr., San Antonio, for appellant.

Jim D. Vollers. State's Atty., and Robert A. Huttash, Asst. State's Atty., Austin, for the State.


OPINION

DOUGLAS, Judge.

This is an appeal from a conviction for murder with malice. Punishment was assessed by the jury at forty-five years.

The sufficiency of the evidence is not challenged. A summary of the facts is set out for a better understanding of the grounds of error presented.

On the evening of May 3, 1971, Kathryn Soefje, a dispatcher for the Sequin police department, received a call at approximately 10:00 p.m. from one of appellant...

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