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LONDON v. STATE

No. 52657.

547 S.W.2d 27 (1977)

Ozie LONDON, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

February 23, 1977.

Attorney(s) appearing for the Case

Michael D. Matheny, Beaumont, on appeal only, for appellant.

R. Stanley Coe, Dist. Atty., Kountze, Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.

OPINION

ODOM, Judge.

This is an appeal from a conviction for murder; punishment was assessed at twenty-five years.

Appellant contends the trial court erred in refusing to honor his timely objection to the court's charge for failure to instruct on the lesser included offense of criminally negligent homicide. We agree, and reverse.

On October 6, 1974, Jessie Finister was killed by a shotgun blast outside a pool hall near Silsbee in Hardin County...

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