STONE v. STATE

No. 12-81-0144-CR.

658 S.W.2d 648 (1983)

David Franklin STONE, Appellant, v. STATE of Texas, Appellee.

Court of Appeals of Texas, Tyler.

April 28, 1983.


Attorney(s) appearing for the Case

Weldon Holcomb, Tyler, for appellant.

Charles F. Montgomery, Jr., Asst. Dist. Atty., Jack Skeen, Jr., Dist. Atty., Tyler, for appellee.


COLLEY, Justice.

Appellant was convicted of murder by a jury on his not guilty plea. The jury assessed punishment at ninety-nine years confinement in the Texas Department of Corrections.

Appellant was first tried and convicted of the same offense by a jury in January 1979. That jury assessed his punishment at forty years confinement in the Texas Department of Corrections. The Court of Criminal Appeals reversed the conviction for error committed by the trial...

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