McCARTY v. STATE

No. 30246.

557 S.W.2d 295 (1977)

Clifford Allen McCARTY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

November 2, 1977.


Attorney(s) appearing for the Case

Frank W. Sullivan, III, Fort Worth, for appellant.

Tim Curry, Dist. Atty., Marvin Collins and Howard M. Fender, Asst. Dist. Attys., Fort Worth, Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

GREEN, Commissioner.

In a trial before a jury in 1958 appellant was convicted of murder with malice. Punishment was assessed by the jury at life. On appeal appellant was not represented by counsel, and his conviction was affirmed in McCarty v. State, 167 Tex.Cr.R. 164, 319 S.W.2d 338. It being uncontested that appellant was indigent at the time of his original appeal, we granted appellant this out-of-time...

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