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ESTES v. STATE

No. 47702.

507 S.W.2d 216 (1974)

Sylvester ESTES, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

March 27, 1974.

Attorney(s) appearing for the Case

Marvin O. Teague, Houston (On appeal only), for appellant.

Carol S. Vance, Dist. Atty., Phyllis Bell and Victor Pecorino, Asst. Dist. Attys., Houston, Jim D. Vollers, State's Atty., and Buddy Stevens, Asst. State's Atty., Austin, for the State.

OPINION

DOUGLAS, Judge.

This is an appeal from a conviction for murder with malice. Punishment was assessed by the jury at one hundred years.

Appellant was convicted of shooting to death Larry Ronald Garland, the night clerk of a U-Tot-Em store, in Houston, in the early morning hours of November 5, 1971. The State relied, in part, upon appellant's written confession. Appellant testified at trial and admitted shooting the deceased but claimed he did...

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