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STILLS v. STATE

No. 45928.

492 S.W.2d 478 (1973)

Burdett STILLS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

April 4, 1973.

Attorney(s) appearing for the Case

C. C. Divine, Houston, for appellant.

Carol S. Vance, Dist. Atty., Phyllis Bell and Donald Lambright, Asst. Dist. Attys., Houston, Jim D. Vollers, State's Atty., and Robert A. Huttash, Asst. State's Atty., Austin, for the State.

OPINION

DALLY, Commissioner.

The conviction is for murder without malice; the punishment is four years imprisonment.

Appellant complains of the trial court's refusal to charge the jury on the law of aggravated assault.

Eugene Kinney, the deceased, his wife, and several other relatives were drinking beer at a lounge known as Rita's Barbeque. About 11:30 p.m. the appellant, who was the bartender, served the deceased and his party an order of...

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