CARVER v. STATE

No. 47770.

510 S.W.2d 349 (1974)

Jeff Earl CARVER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied May 22, 1974.


Attorney(s) appearing for the Case

Clifford W. Brown, Thomas L. Clinton, Lubbock, for appellant.

Alton R. Griffin, Dist. Atty., Dickey Grigg, Asst. Dist. Atty., Lubbock, and Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

ONION, Presiding Judge.

Appellant was tried for murder with malice aforethought with the jury finding him guilty of murder without malice and assessing his punishment at five (5) years' confinement in the Department of Corrections.

The sufficiency of the evidence is not challenged. The record does show that on September 9, 1971, the 15 year old appellant, a student at Dunbar High School in Lubbock, was confronted by the deceased, Willie Collier...

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