ALLEN v. STATE

No. 48384.

513 S.W.2d 556 (1974)

Clifton ALLEN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied September 24, 1974.


Attorney(s) appearing for the Case

William F. Alexander, Kerry P. Fitzgerald, Dallas (on appeal only), for appellant.

Henry Wade, Dist. Atty., William L. Hubbard, Asst. Dist. Atty., Dallas, and Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

DAVIS, Commissioner.

Appeal is taken from a conviction for murder without malice. Punishment was assessed by the jury at five years.

At the outset appellant contends that the court erred in refusing to grant appellant's motion for mistrial during the punishment stage of the trial when an experienced police officer gave an unresponsive answer on cross-examination which indicated to the jury that appellant was involved in the commission of...

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