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ARCHIE v. STATE

No. 48773.

511 S.W.2d 942 (1974)

Johnnie Calvin ARCHIE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

July 24, 1974.

Attorney(s) appearing for the Case

John J. C. O'Shea, Lubbock, for appellant.

Alton R. Griffin, Dist. Atty., G. Thomas Cannon, Asst. Dist. Atty., Lubbock, Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

GREEN, Commissioner.

Appellant was convicted in a trial before a jury of murder without malice. The court assessed punishment at three (3) years' imprisonment.

The appellant does not challenge the sufficiency of the evidence; therefore, only a brief recitation of the facts will be necessary. On February 28, 1970, the deceased, Louis Respondik, went to the residence of the appellant and his ex-wife, Mary Jo Archie. The appellant and the deceased...

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