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DAVIS v. STATE

No. 47000.

506 S.W.2d 909 (1974)

Harold DAVIS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied April 3, 1974.

Attorney(s) appearing for the Case

B. D. Moye and Bird Old, Jr., Mt. Pleasant, for appellant.

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

OPINION

DICE, Commissioner.

The conviction is for murder under the 1925 Revised Penal Code of the State of Texas; the punishment, life imprisonment.

We reverse the conviction because of certain jury argument made by State's counsel of which appellant complains in his first ground of error.

It was undisputed that the deceased was killed by a shot fired from a shotgun in the hands of appellant. The killing occurred at the deceased's place of...

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