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FAIRLEY v. STATE

Nos. 45836, 45837 and 45838.

493 S.W.2d 179 (1973)

Otis Lee FAIRLEY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied May 1, 1973.

Attorney(s) appearing for the Case

Melvyn Carson Bruder, 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

DALLY, Commissioner.

The convictions are for assault to murder without malice in Cause No. 45,836; assault to murder with malice in Cause No. 45,837, and murder without malice in Cause No. 45,838. The punishment as assessed by the jury in each respective cause, three years, eighteen years and five years imprisonment; the sentences to be served concurrently.

The sufficiency of the evidence is not...

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