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CAVENDER v. STATE

No. 52801.

547 S.W.2d 601 (1977)

Frank CAVENDER, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied March 23, 1977.

Attorney(s) appearing for the Case

Charles D. Butts, San Antonio, for appellant.

Ted Butler, Dist. Atty., Charles T. Conaway, Gordon V. Armstrong and Douglas C. Young, Asst. Dist. Attys., San Antonio, Jim D. Vollers, State's Atty. and David S. McAngus, Asst. State's Atty., Austin, for the State.

OPINION

DAVIS, Commissioner.

Appeal is taken from a conviction for murder with malice.1 Punishment was assessed by the jury at seventy-five years.

Prosecution stems from an indictment charging appellant with killing his aunt, Lillian Lucille Garcia, by stabbing her with a knife on or about the 21st day of January, 1972.

Appellant contends that the court erred in overruling his motion for mistrial "when the prosecutor...

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