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ROBERTSON v. STATE

No. 51209.

531 S.W.2d 342 (1976)

Charles Marion ROBERTSON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

January 7, 1976.

Attorney(s) appearing for the Case

W. N. Shaw, Freeport, for appellant.

Ogden Bass, Dist. Atty. and Jerome L. Farrer, Asst. Dist. Atty., Angleton, 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 the offense of murder; the punishment assessed is imprisonment for 60 years.

We have reviewed this appeal in the interest of justice as required by Article 40.09, Sec. 13, V.A.C.C.P., and we reverse the judgment since the pleading does not support a conviction for the offense for which appellant was found guilty.

The first count of the indictment was waived and the State...

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