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EILAND v. STATE

No. 48294.

509 S.W.2d 596 (1974)

Kenneth Richard EILAND, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied June 5, 1974.

Attorney(s) appearing for the Case

Walter Boyd, William G. Rosch, III, Houston, for appellant.

Carol S. Vance, Dist. Atty., Phyllis Bell and Jack Bodiford, Asst. Dist. Attys., Houston, Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

DALLY, Commissioner.

The conviction is for murder; the punishment, imprisonment for life.

The appellant says the trial court erred in failing to submit a charge on circumstantial evidence after appellant raised such failure by timely objection to the Court's charge. The complaint is well taken, and we reverse.

The son-in-law of the deceased entered her house around 10:00 P.M. on Sunday, July 9, 1972, through an unlatched screen door...

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