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MATHESON v. STATE

No. 45834.

508 S.W.2d 77 (1974)

Thomas Louell MATHESON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

April 17, 1974.

Attorney(s) appearing for the Case

Donald B. Friedman, Texarkana, for appellant.

Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

ONION, Presiding Judge.

This is a belated or out-of-time appeal. The conviction was for murder without malice aforethought wherein the punishment was assessed by the jury at four (4) years' confinement in the Texas Department of Corrections.

The indictment charged in part that the appellant "did then and there unlawfully kill Thomas Edward Matheson by hitting the said Thomas Edward Matheson and shaking the said Thomas Edward Matheson with...

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