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HILLIARD v. STATE

No. 47632.

513 S.W.2d 28 (1974)

Dave Horace HILLIARD, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied September 18, 1974.

Attorney(s) appearing for the Case

John L. Foster and Wayne D. Meissner, Austin, for appellant.

Robert O. Smith, Dist. Atty., Stephen H. Capelle, Asst. Dist. Atty., Dallas, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

GREEN, Commissioner.

Appellant was convicted, in a jury trial, of murder with malice. Punishment was assessed at life imprisonment.

The record reflects that on September 6, 1972, appellant resided with the mother of deceased Monica Marie Jones, along with Monica, her grandmother and the latter's husband. Monica was then two years eight month old. Early in the afternoon of September 6, appellant took Monica to a neighborhood store. The store...

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