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BENNETT v. STATE

No. 49600.

522 S.W.2d 507 (1975)

Blane Eugene BENNETT, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied May 28, 1975.

Attorney(s) appearing for the Case

Paul W. Anderson, Marshall, for appellant.

Sam Baxter, Dist. Atty., Marshall, Jim D. Vollers, State's Atty. and David S. McAngus, Asst. State's Atty., Austin, for the State.

OPINION

DALLY, Commissioner.

This is an appeal from a conviction for murder without malice, committed by driving a motor vehicle while intoxicated, in violation of Article 802c, Vernon's Ann. P.C. Because of deficiencies in the record this appeal was dismissed in a Per Curiam opinion and was abated in another Per Curiam opinion. The record is now properly before us for consideration.

The appellant waived a jury trial and entered a plea of not guilty...

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