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RANDOLPH v. STATE

No. 46176.

493 S.W.2d 869 (1973)

Sylvester RANDOLPH, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

May 1, 1973.

Attorney(s) appearing for the Case

V. G. Kolius, Amarillo, for appellant.

Tom Curtis, Dist. Atty., Amarillo, Jim D. Vollers, State's Atty., Robert A. Huttash, Asst. State's Atty., Austin, for the State.

OPINION

ONION, Presiding Judge.

This appeal arises out of a conviction for murder with malice wherein the punishment was assessed at 99 years.1

The State's evidence reflects that while en route from Florida to California appellant and one Earl Mabry stopped in a Gulf Service Station in Amarillo with the intention of committing a robbery and, during the course of said robbery, Mabry shot and killed the service station...

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