McCLENDON v. STATE

No. 47376.

509 S.W.2d 851 (1974)

Willie Henry McCLENDON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

On Motion for Rehearing May 29, 1974.

Rehearing Denied June 19, 1974.


Attorney(s) appearing for the Case

Jon Mercer, Houston, for appellant.

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


OPINION

DOUGLAS, Judge.

This is an appeal from a conviction for murder. The court assessed the punishment at fifteen years.

The appellant contends that self-defense was shown as a matter of law; a variance existed between the allegation of the name of the deceased in the indictment; a remote felony conviction was used to impeach him; and, the court erred in refusing to charge on murder without malice.

The second contention will be considered...

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