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WINEGARNER v. STATE

No. 47298.

505 S.W.2d 303 (1974)

Dennis Jonathan WINEGARNER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied February 27, 1974.

Attorney(s) appearing for the Case

Ater & Hirsch, Royal Caswell, Odessa, for appellant.

John Green, Dist. Atty., Dennis Cadra, Asst. Dist. Atty., Odessa, Jim D. Vollers, State's Atty., and Buddy Stevens, Asst. State's Atty., Austin, for the State.

OPINION

JACKSON, Commissioner.

The conviction was for murder with malice; the punishment, thirty (30) years.

The sufficiency of the evidence is not challenged. Appellant was convicted as a principal for the murder of Sophia Giovanni about 4:30 A.M. on July 2, 1971, in the robbery with Bobby Bell of a Seven-Eleven store which was operated by deceased. She was cut and stabbed to death.

By his first ground of error, appellant complains of the...

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