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LOWERY v. STATE

No. 45613.

499 S.W.2d 160 (1973)

Jackie Vance LOWERY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

September 25, 1973.

Attorney(s) appearing for the Case

Emmett Colvin, Jr., Dallas, for appellant.

Henry Wade, Dist. Atty., W. T. Westmoreland, Jr., Asst. Dist. Atty., Dallas, Jim D. Vollers, State's Atty., and Robert A. Huttash, Asst. State's Atty., Austin, for the State.

OPINION

DAVIS, Commissioner.

Appeal is taken from a conviction for murder. Punishment was assessed by the jury at death.

Morris J. Patterson, an employee of a vending machine company, was shot and killed during an armed robbery in Dallas on the afternoon of October 26, 1970.

Floyd Johnson and Barney Slakey were counting coins in the vending company office when the robbery occurred. Both made positive in-court identifications of appellant...

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