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LUCKY v. STATE

No. 46215.

495 S.W.2d 919 (1973)

John LUCKY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

June 13, 1973.

Attorney(s) appearing for the Case

Charles E. Huebner, Houston, for appellant.

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

OPINION

ONION, Presiding Judge.

This is an appeal from a conviction for murder with malice aforethought wherein the jury assessed the punishment at ten (10) years.

At the outset, we shall consider appellant's contention that the trial court erred in failing to charge the jury on the issue of murder without malice at the guilt stage of the trial despite a timely presented written objection and a requested...

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