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McCLENDON v. STATE

No. 56993.

583 S.W.2d 777 (1979)

Willie Henry McCLENDON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 3.

July 18, 1979.

Attorney(s) appearing for the Case

Jon Mercer, Houston, for appellant.

Carol S. Vance, Dist. Atty., Alvin M. Titus, and Dennis C. Cain, Asst. Dist. Attys., Houston, and Robert Huttash, State's Atty., Austin, for the State.

Before DALLY, W. C. DAVIS and CLINTON, JJ.

OPINION

CLINTON, Judge.

The conviction was for murder without malice, and the sentence was assessed at 5 years. The controlling issue presented in this case is governed by the Double Jeopardy Clause of the Fifth Amendment.

Appellant was originally indicted in 1971 for the murder of "Mose Dineal" by an indictment numbered "158-786." Trial was held in October of 1971, conviction ensued, and appeal was brought before this Court. One ground of error...

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