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GARRETT v. STATE

No. 55305.

573 S.W.2d 543 (1978)

David Lee GARRETT, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 2.

November 22, 1978.

Attorney(s) appearing for the Case

Melvyn Carson Bruder and Barry P. Helft, Dallas, for appellant.

Henry M. Wade, Dist. Atty., W. T. Westmoreland, Jr., and James D. Burnham, Asst. Dist. Attys., Dallas, for the State.

Before ODOM, PHILLIPS and DALLY, JJ.

OPINION

ODOM, Judge.

This is an appeal from a conviction for murder wherein appellant was convicted under the provisions of V.T.C.A., Penal Code Sec. 19.02(a)(3), the felony murder rule, for causing the death of an individual by committing an act clearly dangerous to human life in the course of committing a felony.1 The felony was an aggravated assault on the deceased.2 The punishment was 68 years...

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