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PAYNE v. STATE

No. 49018.

516 S.W.2d 675 (1974)

Robert Joseph PAYNE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied January 8, 1975.

Attorney(s) appearing for the Case

Wesley H. Hocker, Court appointed, Elaine Brady Hocker, Houston, for appellant.

Carol S. Vance, Dist. Atty., and Clyde F. DeWitt, III, Asst. Dist. Atty., Houston, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

ROBERTS, Judge.

The conviction was for murder with malice; the punishment was assessed by the jury at life imprisonment.

Although the sufficiency of the evidence is not challenged, the record reflects that on March 22, 1972, the South Park National Bank in Houston was robbed by several persons, including appellant. During flight from the robbery, appellant shot James Garbs, an employee of the bank...

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