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HARRIS v. STATE

Nos. 48880, 48881.

516 S.W.2d 931 (1974)

Johnny Leroy HARRIS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied January 15, 1975.

Attorney(s) appearing for the Case

William T. Miller, San Antonio, Garland G. Wier, San Antonio, (on appeal only), for appellant.

Ted Butler, Dist. Atty., and Fred Rodriguez, Charles Conaway, Bill White and Douglas C. Young, Asst. Dist. Attys., San Antonio, Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

ROBERTS, Judge.

The appellant was tried by a jury on consolidated indictments charging murder with malice and robbery, and was convicted of each. Punishment was assessed at two thousand years' imprisonment and two hundred years' imprisonment, respectively.

The evidence reflects that appellant and a co-defendant, one Applewhite, drove to a service station in San Antonio on the evening of January 10, 1973. Applewhite was to remain with the...

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