OPINION
GREEN, Commissioner.
Appellant was convicted in a trial before a jury of murder with malice; punishment was assessed by the court at forty-five (45) years confinement.
The record reflects that on the night of May 7, 1971, the deceased, Steven Dale Redd, went to the Stop-and-Go grocery at 4510 Scyene Road in Dallas in order to buy "something to drink." Redd, who was under age, convinced someone outside the store to purchase a bottle of wine...
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