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LEWIS v. STATE

No. 48057.

505 S.W.2d 603 (1974)

Tod Michael LEWIS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

February 20, 1974.

Attorney(s) appearing for the Case

Robert D. McPherson, Pampa, for appellant.

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

OPINION

McCLOUD, Commissioner.

This is an appeal from a conviction for murder with malice. Punishment was assessed at ninety-nine (99) years.

The State's evidence shows that around 11:00 P.M. on December 31, 1972, appellant and Rodney Thomas Macon stopped for gas at a service station in Shamrock and left the station without paying for the gas. The attendant immediately notified the police. Shortly thereafter, in response to a police radio dispatch...

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