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STONE v. STATE

No. 62744.

612 S.W.2d 542 (1981)

David Franklin STONE, Appellant, v. The STATE of Texas, Appellee.

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

Rehearing Denied March 11, 1981.

Attorney(s) appearing for the Case

Weldon Holcomb, Tyler, for appellant.

Hunter B. Brush, Dist. Atty., Bill Saban, Asst. Dist. Atty., Tyler, Robert Huttash, State's Atty., Austin, for the State.

Before DALLY, W. C. DAVIS and CLINTON, JJ.

OPINION

DALLY, Judge.

This is an appeal from a conviction for the offense of murder. The punishment is imprisonment for forty years.

The appellant contends that the trial court committed reversible error in overruling his motion to suppress an incriminating response and statements he made while in custody and out of the presence of his retained counsel. The appellant contends that the testimony was inadmissible because the State failed to prove his...

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