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JEFFERSON v. STATE

No. 45815.

490 S.W.2d 855 (1973)

Robert William JEFFERSON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

February 28, 1973.

Attorney(s) appearing for the Case

Ray Epps, Houston, for appellant.

Carol Vance, Dist. Atty., James C. Brough and Warren White, Asst. Dist. Attys., Houston, Jim D. Vollers, State's Atty., and Robert A. Huttash, Asst. State's Atty., Austin, for the State.

OPINION

DAVIS, Commissioner.

Appeal is taken from a conviction for murder. Punishment was assessed by the jury at ten years.

Appellant contends that the court erred when it refused to grant a mistrial when a witness volunteered a hearsay statement that was so harmful as to deny him a fair trial.

The record reflects that Delbert McHenry and the deceased had been to a party in Houston on the night of August 26, 1969. When they returned to the...

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