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BATTERBEE v. STATE

No. 50980.

537 S.W.2d 12 (1976)

Ann BATTERBEE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

May 19, 1976.

Attorney(s) appearing for the Case

Percy Foreman and Dick DeGuerin, Houston, for appellant.

Carol S. Vance, Dist. Atty., and James C. Brough, Alvin M. Titus, and John Pizzitola, Asst. Dist. Attys., Houston, 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 the offense of murder with malice after a trial before the court. Punishment was assessed at ten years, probated.

Appellant challenges the sufficiency of the evidence. The State's case is founded primarily on the statement made by appellant after the deceased's death and the testimony of Dr. Joseph Jachimczyk, Harris County medical examiner. The State introduced evidence that appellant...

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