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BROWN v. STATE

No. 47990.

508 S.W.2d 91 (1974)

Harold Henry BROWN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

April 17, 1974.

Attorney(s) appearing for the Case

Don Gladden (court appointed), Fort Worth, for appellant.

Tim Curry, Dist. Atty., L. T. Wilson, Bill Leonard and Bill Mills, Asst. Dist. Attys., Fort Worth, Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

GREEN, Commissioner.

Appellant was convicted of murder with malice and the jury assessed punishment at seventeen (17) years' imprisonment.

The record reflects that the appellant was living with the mother of the deceased child and was taking care of the child while the mother was at work. When the mother returned home from work about 2:30 A.M. on Thursday, December 23, 1971, the child, 22 months old, was unconscious. The child never regained...

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