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BROWN v. STATE

No. 46571.

491 S.W.2d 124 (1973)

Joe Edward BROWN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

March 7, 1973.

Attorney(s) appearing for the Case

Bob Heath, Houston, for appellant.

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

OPINION

MORRISON, Judge.

The offense is murder with malice; the punishment, upon a plea of guilty, ten (10) years.

The record reflects that appellant waived his right to trial by jury and entered into a sworn written stipulation of evidence in which he stated:

"... I judicially confess to the following facts and agree and stipulate that these facts are true and correct and constitute the evidence in this case: That I did shoot and kill my...

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