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MOCZYGEMBA v. STATE

No. 51080.

532 S.W.2d 636 (1976)

Ray Owen MOCZYGEMBA, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

February 18, 1976.

Attorney(s) appearing for the Case

Peter Torres, Jr., San Antonio, for appellant.

Earle Caddel, Dist. Atty., Uvalde, 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; the punishment is imprisonment for 5 years.

The appellant asserts that the evidence is insufficient to support the jury verdict for murder with malice, and that he was deprived of constitutional due process because he was not given the opportunity to appear before the grand jury before it returned the indictment charging him with this offense and because his attorney was...

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