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SNEED v. STATE

No. 07-81-0005-CR.

625 S.W.2d 761 (1981)

Benny Joe SNEED, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Amarillo.

Rehearing Denied December 17, 1981.

Discretionary Review Refused February 17, 1982.

Attorney(s) appearing for the Case

Mann & McConnell, John Mann, Amarillo, for appellant.

Bruce Roberson, County Atty. and William Rivers, Perryton, for appellee.

Before REYNOLDS, C. J., and DODSON and BOYD, JJ.

REYNOLDS, Chief Justice.

Appellant Benny Joe Sneed appeals from his conviction for murder; the punishment was assessed by the jury at 10 years confinement in the Texas Department of Corrections. Undisputed jury misconduct requires a reversal and remand.

The State's evidence at the guilt-innocence stage of the trial shows, in brief, that on 7 May 1979 at approximately 10 p.m., the deceased, Lonnie Mead, went uninvited...

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