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SMITH v. STATE

No. 49884.

530 S.W.2d 827 (1975)

James D. SMITH, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied January 9, 1976.

Attorney(s) appearing for the Case

Marion T. Carson, San Antonio, for appellant.

Ted Butler, Dist. Atty., Charles T. Conaway, John L. Quinlan, III, and Douglas C. Young, Asst. Dist. Attys., San Antonio, Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.

OPINION

DOUGLAS, Judge.

This is an appeal from a conviction for murder with malice. Punishment was assessed by the court at twenty years.

Teddy DeHaven testified that appellant shot Walter Norman on September 15, 1972. DeHaven also testified that he and appellant took Norman's body to Canyon Lake in Comal County. Norman's body was found floating in the lake by a fisherman. The sufficiency of the evidence is not challenged.

Appellant contends...

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