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SMITH v. STATE

No. 13-81-304-CR.

644 S.W.2d 500 (1982)

John Lester SMITH, Appellant, v. STATE of Texas, Appellee.

Court of Appeals of Texas, Corpus Christi.

Rehearing Denied September 23, 1982.

Discretionary Review Refused January 3, 1983.

Attorney(s) appearing for the Case

Ronald Tonkin, Miles M. Whittington, Houston, for appellant.

John B. Holmes, Dist. Atty., Houston, for appellee.

Before BISSETT, UTTER and KENNEDY, JJ.

OPINION

KENNEDY, Justice.

Appellant was convicted of involuntary manslaughter and brings this appeal. We affirm.

The deceased was shot during an altercation with appellant in appellant's apartment. At the hearing on appellant's motion to suppress, Officer Pagel of the Houston Police Department testified that he arrived at the scene and saw the deceased being tended to by paramedics. He spoke with two witnesses, the deceased's wife and another, and...

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