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YATES v. STATE

No. 48163.

509 S.W.2d 600 (1974)

Samuel Dewey YATES, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied June 12, 1974.

Attorney(s) appearing for the Case

W. L. Burke, Jr., Abilene, for appellant.

Ed Paynter, Dist. Atty. and Patricia Elliott, Asst. Dist. Atty., Abilene, Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

DOUGLAS, Judge.

This is an appeal from a conviction for murder. The jury assessed the punishment at life.

A previous conviction for this homicide was before this Court in Yates v. State, Tex.Cr.App., 489 S.W.2d 620.

The sufficiency of the evidence is not questioned.

The proof shows that the appellant shot his wife some six times with a pistol...

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