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VON JANUARY v. STATE

No. 54734.

576 S.W.2d 43 (1978)

Donald VON JANUARY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 1.

Rehearing Denied February 7, 1979.

Attorney(s) appearing for the Case

Joseph Montemayor and Larry L. Tinney, Dallas, for appellant.

Henry Wade, Dist. Atty., Gary W. Love and Robert E. Whaley, Asst. Dist. Attys., Dallas, for the State.

Before DOUGLAS, PHILLIPS and W. C. DAVIS, JJ.

Rehearing En Banc Denied February 7, 1979.

OPINION

DOUGLAS, Judge.

This is an appeal from a conviction for the offense of murder. Punishment was assessed by the jury at fifty years. The indictment alleges that appellant shot and killed George Parker, III, by shooting him with a firearm.

Appellant contends that Maurice Dunn, the jury foreman, was guilty of misconduct when he failed to answer the question posed by defense counsel on voir dire...

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