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WARD v. STATE

No. 60242.

615 S.W.2d 752 (1981)

Howard Daniel WARD, Appellant, v. The STATE of Texas, Appellee.

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

May 20, 1981.

Attorney(s) appearing for the Case

Jim D. Rudd, Brownfield, for appellant.

E. W. Boedeker, Dist. Atty. and Warren J. New, Asst. Dist. Atty., Levelland, Robert Huttash, State's Atty., Austin, for the State.

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

OPINION

CLINTON, Judge.

This is an appeal from a conviction in which the punishment assessed by the jury is ninety nine years.

Initially we observe a matter which must be addressed in the interest of justice. See Article 40.09, § 13, V.A.C.C.P.

The indictment returned against appellant in this cause alleged that he did,

"intentionally and knowingly cause the death of Donald Ray Weaver by shooting him with a gun."

However...

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