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PAYTON v. STATE

No. 47288.

503 S.W.2d 787 (1974)

Clint PAYTON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

January 23, 1974.

Attorney(s) appearing for the Case

Kenneth L. Sanders, Craig A. Washington, Sr., Houston, of counsel, for appellant.

Carol S. Vance, Dist. Atty., James C. Brough and Jack Bodiford, Asst. Dist. Attys., Houston, Jim D. Vollers, State's Atty., and Buddy Stevens, Asst. State's Atty., Austin, for the State.

OPINION

MORRISON, Judge.

The offense is murder; the punishment, fifty (50) years.

Appellant's brief filed in the trial court contends that the court erred in refusing to grant the motion for continuance based on the grounds that one of appellant's retained attorneys was out of the state. The docket sheet shows that the indictment was filed on September 29, 1970, and the case was passed several times upon request of appellant's attorney until appellant...

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