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BOULWARE v. STATE

No. 50524.

542 S.W.2d 677 (1976)

Doyle Glenn BOULWARE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

October 6, 1976.

Attorney(s) appearing for the Case

Tom S. McCorkle, Dallas, for appellant.

Henry Wade, Dist. Atty., John H. Hagler, Douglas Mulder, Jim Burnham and Steve Tokoly, Asst. Dist. Attys., Dallas, Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.

OPINION

PART I

DOUGLAS, Judge.

In a trial before a jury, appellant was convicted of murder with malice of Donald Tucker, a peace officer acting in the lawful discharge of his official duty. Punishment, under the provisions of Article 1257(b)(1), V.A.P.C.,1 and Article 37.071, V.A.C.C.P.,2 was assessed at death.

Sometime near 11:00 p. m. on December 12, 1973, appellant went to the...

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