SIMIEN v. STATE

No. 48315.

514 S.W.2d 452 (1974)

Leonard Anthony SIMIEN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied October 30, 1974.


Attorney(s) appearing for the Case

Everett Lord and Walter M. Sekaly, Beaumont, for appellant.

Tom Hanna, Dist. Atty. and Richard Hughes, Asst. Dist. Atty., Beaumont, Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

REYNOLDS, Commissioner.

Convicted of murder with malice, appellant's punishment was assessed at twenty-five years. The conviction is challenged on the ground of former jeopardy.

An exchange of words passed between appellant and Elbin Dennis in Ozelle's Bar in Port Arthur. Elbin grabbed appellant by the arm and escorted him outside where they began fighting. They were separated by Snowden Williams who, with Roosevelt Dennis, the brother of...

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