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HOSTETTER v. STATE

No. 49740.

527 S.W.2d 544 (1975)

Carl Everett HOSTETTER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

September 17, 1975.

Attorney(s) appearing for the Case

Leland D. Sutton, Odessa, for appellant.

John H. Green, Dist. Atty. and Dennis Cadra, Asst. Dist. Atty., Odessa, Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.

OPINION ON APPELLANT'S MOTION FOR REHEARING

DAVIS, Commissioner.

Our opinion on original submission is withdrawn and the following is substituted therefor.

Appeal is taken from a conviction for murder. Punishment was assessed by the jury at ten years.

Appellant shot his wife, Thelma Christine Hostetter, on August 27, 1970. She died on August 29, 1970. Appellant's defense was insanity.1

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