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VAN BYRD v. STATE

No. 59824.

605 S.W.2d 265 (1980)

Willie VAN BYRD, Appellant, v. The STATE of Texas, Appellee.

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

Rehearing Denied October 29, 1980.

Attorney(s) appearing for the Case

James H. Anderson and Fred L. Tinsley, Jr., Dallas, for appellant.

Henry Wade, Dist. Atty. and T. Michael Sutton, John William Booth and Clifford Wayne Huff, Asst. Dist. Attys., Dallas, Robert Huttash, State's Atty., Austin, for the State.

Before PHILLIPS, TOM G. DAVIS and DALLY, JJ.

OPINION

TOM G. DAVIS, Judge.

Appeal is taken from conviction of murder. V.T.C.A. Penal Code, Sec. 19.02. Appellant was found guilty by the jury and the court set punishment at life imprisonment.

James Gaines testified that at about 4:20 p. m. on May 27, 1977 he and George Moore, the deceased, were at Moore's house. They had just come from the home of a friend where they had injected themselves with heroin...

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