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LOVING v. STATE

No. 53165.

559 S.W.2d 363 (1977)

David Winston LOVING, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Dissenting Motion for Rehearing December 21, 1977.

Attorney(s) appearing for the Case

Donald W. Rogers, Jr., Houston, for appellant.

Carol S. Vance, Dist. Atty., Robert A. Shults and Sam Adamo, Asst. Dist. Attys., Houston, Jim D. Vollers, State's Atty., Austin, for the State.

Dissenting on Appellant's Motion for Rehearing December 21, 1977.

OPINION

BROWN, Commissioner.

This is an appeal from a conviction for murder. Appellant was tried before a jury which assessed his punishment at sixty (60) years in the Texas Department of Corrections.

Although the sufficiency of the evidence is not challenged, a brief summary of the facts will be necessary in order to dispose of appellant's three grounds of error.

Joseph...

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