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BINYON v. STATE

No. 51066.

545 S.W.2d 448 (1976)

David BINYON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

October 6, 1976.

Attorney(s) appearing for the Case

Greg Gossett, San Angelo, for appellant.

Royal Hart, Dist. Atty., and Gerald A. Fohn, Asst. Dist. Atty., San Angelo, 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 by the jury is imprisonment for 35 years.

The appellant asserts that the evidence is insufficient to support the conviction; he also contends that the trial court erroneously refused to admit in evidence a written statement made by a co-indicatee and that the trial court erroneously admitted in evidence a metal bar stool.

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