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RODRIQUEZ v. STATE

No. 52322.

548 S.W.2d 26 (1977)

Jose Gutierrez RODRIQUEZ and Luis Mani, Appellants, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied March 30, 1977.

Attorney(s) appearing for the Case

Oscar J. Pena, Laredo, for Rodriquez.

Ruben Garcia, Laredo, for Mani.

Charles R. Borchers, Dist. Atty., Donato D. Ramos, Stephen A. Whitworth and Sharon S. Trigo, Asst. Dist. Attys., Laredo, Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.

OPINION

REYNOLDS, Commissioner.

Indicted and prosecuted for murder, appellants were convicted of the offense of voluntary manslaughter. The punishment of each was fixed by the jury at confinement for twelve years.

The prosecution was under V.T.C.A., Penal Code § 19.02(a)(3),* which reads:

"§ 19.02. Murder

"(a) A person commits an offense if he: * * * * * * "(3) commits...

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