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FOSTER v. STATE

No. 58654.

639 S.W.2d 691 (1982)

Clifton Gregory FOSTER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied October 27, 1982.

Attorney(s) appearing for the Case

Russell T. Van Keuren, Houston, for appellant.

Carroll E. Wilborn, Jr., Dist. Atty., & Elliott Knott, Asst. Dist. Atty., Liberty, Robert Huttash, State's Atty., Austin, for the State.

Before ONION, P.J., and W.C. DAVIS, J.

OPINION

W.C. DAVIS, Judge.

This is an appeal from a conviction for murder. Punishment was assessed by a jury at 12 years confinement.

The appellant contends that there is no evidence that he intentionally or knowingly caused the death of the deceased, Princess Ann Smith. We agree and reverse.

The State's first witness was Michael Garofalo. Garofalo, who was a police officer at the time of the alleged offense, testified that on December 13...

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