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MITCHELL v. STATE

No. 49459.

524 S.W.2d 510 (1975)

Jimmy Ray MITCHELL, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied July 9, 1975.

Attorney(s) appearing for the Case

Marvin Collins & Bill R. Magnussen, Fort Worth, for appellant.

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

OPINION

ROBERTS, Judge.

This is an appeal from a conviction for murder with malice wherein the jury assessed appellant's punishment at 100 years' confinement.

The evidence showed that appellant and five others, two other men and three women, were at the Vest Arco Station in Joshua at 6:45 p.m. on January 26, 1973. Appellant's companions left the station and waited in their car about 150 yards down the...

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