OPINION
JACKSON, Commissioner.
The conviction was for murder with malice; the punishment, death, which has been commuted to life by the Governor upon the recommendation of the Board of Pardons and Paroles.
Hattie Wilson operated a small grocery store east of Tyler on the Chandler Highway in Smith County. She was found in a dying condition in her store on the afternoon of September 4, 1970. She had been severely beaten in the head with an axe handle...
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