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McDONALD v. STATE

No. 58823.

597 S.W.2d 365 (1980)

Sam McDONALD, Appellant, v. The STATE of Texas, Appellee.

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

Rehearing Denied April 30, 1980.

Attorney(s) appearing for the Case

Buster Cole, Bonham, G. C. Harris, Greenville, for appellant.

John H. Morris, County & Dist. Atty., Bonham, Robert Huttash, State's Atty., Austin, for the State.

Before ONION, P. J., and ODOM and DAVIS, JJ.

OPINION

ODOM, Judge.

This is an appeal from a conviction for voluntary manslaughter. Punishment was assessed by the jury at fifteen years.

The sufficiency of the evidence is not challenged.

In his first two grounds of error appellant challenges denial of his objections to the jury charge at the guilt stage of the trial for failure to submit the defensive issues of defense of third persons, V.T.C.A., Penal Code Sec. 9.33,

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