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COMBS v. STATE

No. 01-81-0206-CR

631 S.W.2d 534 (1982)

David Earl COMBS, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Denied March 11, 1982.

Discretionary Review Granted June 2, 1982.

Attorney(s) appearing for the Case

Gladys R. Goffney, Carol J. Carrier, Houston, for appellant.

Ray Elvin Speece, Houston, for appellee.

Before BASS, SMITH and DYESS, JJ.

BASS, Justice.

This is an appeal from a conviction of murder, wherein punishment was assessed at 20 years confinement.

Appellant, a seventeen-year-old, mentally retarded individual, had been babysitting the five young children of a friend on the evening of December 31, 1980. He bathed the two-year-old deceased child that evening after the child and "messed in her pants." The next morning the child was found dead by the other children on the

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