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MABRY v. STATE

No. 46107.

492 S.W.2d 951 (1973)

Earl MABRY, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

April 18, 1973.

Attorney(s) appearing for the Case

J. W. Brown, 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

MORRISON, Judge.

The offense is murder; the punishment, 999 years.

Appellant was convicted of murdering a filling station operator while in the course of a robbery.

Appellant testified that he and his companion while en route from Florida to California found themselves in Amarillo in destitute circumstances. Appellant told how they had gone to what was determined to be the Wild Horse filling station intending to ask for alms in the...

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