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BERRY v. STATE

No. 47416.

504 S.W.2d 501 (1974)

D. R. BERRY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

January 30, 1974.

Attorney(s) appearing for the Case

Clyde W. Woody and Marian S. Rosen, Houston, for appellant.

Jim D. Vollers, State's Atty., and Buddy Stevens, Asst. State's Atty., Austin, for the State.

OPINION

GREEN, Commissioner.

This is an appeal from a conviction for murder without malice; the jury assessed the punishment at five (5) years' confinement.

The State's evidence reflects that at about 12:20 A.M. on October 28, 1971, H. R. Flournoy, the Sheriff of Wharton County investigated a disturbance call at appellant's residence in Wharton County. Flournoy stated that appellant was a police officer for the city of Wharton at this time and that...

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