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WHITSON v. STATE

No. 46192.

495 S.W.2d 944 (1973)

Thomas Charles WHITSON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied July 3, 1973.

Attorney(s) appearing for the Case

James E. Ferguson, Cleburne, Toby Goldsmith, Fort Worth, for appellant.

Doug Crouch, Dist. Atty., R. J. Adcock, William A. Knapp, J. J. Heinemann, Asst. Dist. Attys., Fort Worth, Jim D. Vollers, State's Atty. and Robert A. Huttash, Asst. State's Atty., Austin, for the State.

OPINION

GREEN, Commissioner.

In a trial before a jury on a plea of not guilty, appellant was convicted of murder without malice. Punishment was assessed by the jury at five years confinement.

The record reflects from the State's evidence that Mrs. Mary Ann Boles, widow of the deceased Ralph Godfrey Boles, had previously been married to the appellant. They had a son, Jess Thomas Whitson, who was nine years old at the time of the shooting on June 5...

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