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BALLARD v. STATE

No. 48570.

519 S.W.2d 426 (1974)

Witmer Jean BALLARD, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

On Rehearing February 5, 1975.

Rehearing Denied March 19, 1975.

Attorney(s) appearing for the Case

Bobby R. Bearden, Midland, Charles P. Bubany, Lubbock, on appeal, for appellant.

R. H. Moore, III, Dist. Atty. and Guilford L. Jones, Sp. Prosecutor, Big Spring, Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

DALLY, Commissioner.

After changes of venue had been made from Glasscock County to Midland County and then from Midland County to Brewster County, the appellant was convicted for the offense of murder. The jury assessed the death penalty, but through executive clemency the death penalty was commuted to life imprisonment. In four grounds of error the appellant argues that reversible error was committed in failing to instruct the jury on the law of...

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