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SIMPKINS v. STATE

No. 55787.

590 S.W.2d 129 (1979)

David Michael SIMPKINS, Appellant, v. The STATE of Texas, Appellee.

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

Rehearing Denied December 12, 1979.

Attorney(s) appearing for the Case

Ronald W. Aultman and Jerry J. Loftin, Fort Worth, for appellant.

Tim Curry, Dist. Atty., Marvin Collins, Ronald G. Knight, Stephen R. Chaney and J. Michael Worley, Asst. Dist. Attys., Forth Worth, and Robert Huttash, State's Atty., Austin, for the State.

Before ONION, P. J., and ROBERTS and W. C. DAVIS, JJ.

Rehearing En Banc Denied December 12, 1979.

OPINION

W. C. DAVIS, Judge.

The appellant was convicted of murder on July 23, 1976. The jury assessed punishment at 10 years confinement.

The record reflects that on November 12, 1974, while the appellant was home on leave from the Army, he attended a talent and fashion show at Dunbar High School. After the program, the appellant approached a group of people, which included the deceased, John Milton...

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