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MAHAVIER v. STATE

No. 04-81-00222-CR.

644 S.W.2d 129 (1982)

Benjamin MAHAVIER, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

December 1, 1982.

Attorney(s) appearing for the Case

John Tafolla, San Antonio, Tex., for appellant.

Bill White, Dist. Atty., Keith F. Fahlberg, San Antonio, for appellee.

Before CADENA, C.J., and CANTU and BASKIN, JJ.

OPINION

BASKIN, Justice.

This is an appeal from a conviction for voluntary manslaughter. Appellant was originally indicted for murder but found guilty by a jury of voluntary manslaughter under Tex.Penal Code Ann. § 19.04 (Vernon 1974). After appellant's motion for new trial in that case was granted, he was reindicted for voluntary manslaughter and again convicted by a jury of that offense.1 Punishment was assessed at seven...

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