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DUGGER v. STATE

No. 51933.

543 S.W.2d 374 (1976)

Robert Tillman DUGGER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied December 8, 1976.

Attorney(s) appearing for the Case

Robert T. Baskett, Dallas, court appointed, for appellant.

Henry Wade, Dist. Atty. and Steve Wilensky, G. Norman Kinne and Hugh Lucas, Jr., Asst. Dist. Attys., Dallas, Jim D. Vollers, State's Atty. and David S. McAngus, Asst. State's Atty., Austin, for the State.

OPINION

KEITH, Commissioner.

The appeal is from a conviction of murder where the jury fixed the punishment at confinement for life. A statement of the underlying fact structure is needed to place appellant's complaints in focus.

On Sunday morning, February 3, 1974, Tommy Galbraith left home about 7:30 to serve National Guard duty, leaving his wife Vicky and infant daughter Tammy at home. He returned about 9:30 with several fellow guardsmen to get...

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