BERRY v. STATE

No. 56227.

596 S.W.2d 857 (1980)

John Walter BERRY, Appellant, v. The STATE of Texas, Appellee.

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

Rehearing Denied April 9, 1980.


Attorney(s) appearing for the Case

Robert C. Roe, Jr., Fort Worth, for appellant.

Tim Curry, Dist. Atty., Marvin Collins, Stephen R. Chaney, Joe Drago and Paul E. Gartner, Asst. Dist. Attys., Fort Worth, Robert Huttash, State's Atty., Austin, for the State.

Before DOUGLAS, ROBERTS and ODOM, JJ.


OPINION

DOUGLAS, Judge.

This is an appeal from a conviction for murder. The jury assessed punishment at twenty-five years.

On June 12, 1976, at approximately 5 p. m., the appellant and Gerald Alexander, the deceased, were in Mr. Magoo's Lounge in Fort Worth. The appellant asked Alexander to leave quite a few times. Appellant offered evidence to show that Alexander had been having sexual relations with appellant's wife. A friend of appellant, Johnny...

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