BURTON v. STATE

No. 47624.

505 S.W.2d 811 (1974)

David BURTON, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied March 20, 1974.


Attorney(s) appearing for the Case

Malcolm Dade (on appeal only), Tom F. Reese (on appeal only), Dallas, for appellant.

Henry Wade, Dist. Atty., Robert T. Baskett, Asst. Dist. Atty., Dallas, Jim D. Vollers, State's Atty., and Buddy Stevens, Asst. State's Atty., Austin, for the State.


OPINION

JACKSON, Commissioner.

The conviction on a plea of not guilty was for murder with malice; the punishment assessed by the jury, death, which has been commuted to life.

Since there is no attack made upon the sufficiency of the evidence, it will not be necessary to give the details, except to say that appellant was convicted as a principal, acting with Leroy Curlin and Charles Edward Gillon, in the murder of Martell Wesley by shooting her with...

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