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OLIVER v. STATE

No. 49868.

551 S.W.2d 346 (1977)

Eugene Motley OLIVER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied June 8, 1977.

Attorney(s) appearing for the Case

Fred M. Bruner, Dallas, Frank Maloney and Philip A. Nelson, Jr., on appeal, Austin, for appellant.

Henry Wade, Dist. Atty., John Hagler, Russell J. Ormesher and Jim Burnham, Asst. Dist. Attys., Dallas, Jim D. Vollers, State's Atty., David S. McAngus, Asst. State's Atty., Austin, for the State.

OPINION

ROBERTS, Judge.

This is a companion case to Jackson v. State, 516 S.W.2d 167 (Tex.Cr.App.1974). In a single indictment Jackson was charged with the murder of Billie C. Barnes and the appellant was charged with advising and encouraging Jackson in the commission of the offense. Art. 70, Vernon's Ann.P.C. (1925).

Jackson was tried first and convicted; his conviction was affirmed by this Court. Jackson...

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