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SMITH v. STATE

No. 58288.

595 S.W.2d 120 (1980)

Earnest Lee SMITH, Appellant, v. The STATE of Texas, Appellee.

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

Rehearing Denied March 26, 1980.

Attorney(s) appearing for the Case

Melvyn Carson Bruder, Archibald C. McColl, Dallas, for appellant.

Henry Wade, Dist. Atty., Stephen J. Wilensky, and Janice Potts, Asst. Dist. Attys., Dallas, Robert Huttash, State's Atty., Austin, for the State.

Before ODOM, TOM G. DAVIS and CLINTON, JJ.

OPINION

TOM G. DAVIS, Judge.

Appeal is taken from a conviction for murder. After finding appellant guilty, the jury assessed punishment at fifty years.

Augustina Fletcher testified that she and her husband, Bernice Fletcher, were working at a Stop and Go Store in Dallas on January 3, 1977. Fletcher related that two men entered the store and approached her husband who was near the cash register. One of the men pulled a revolver out of his shirt. While...

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