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JOHNIGAN v. STATE

No. 47314.

502 S.W.2d 136 (1973)

Wallace Martin JOHNIGAN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

November 28, 1973.

Attorney(s) appearing for the Case

Rex Kirby, Tyler, for appellant.

Curtis L. Owen, Dist. Atty., Tyler, Jim D. Vollers, State's Atty., Buddy Stevens, Asst. State's Atty., Austin, for the State.

OPINION

CORNELIUS, Commissioner.

Appellant was convicted of murder without malice for the killing of John Herman Mims, and his punishment was assessed at five years' confinement.

The offense occurred on May 21, 1971, at an American Legion Hall in Tyler. The deceased, along with a group of other persons, was leaving the hall and as he came out of the building a young lady was behind him and Robert McCloud...

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