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HARRELL v. STATE

No. 0105-83.

659 S.W.2d 825 (1983)

Robert Clyde HARRELL, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

September 28, 1983.

Attorney(s) appearing for the Case

Donald W. Rogers, Jr., court appointed on appeal, Houston, for appellant.

John B. Holmes, Jr., Dist. Atty., Ray Elvin Speece and J. Michael Wilkinson, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

ODOM, Judge.

This is an appeal from a conviction for murder. Punishment was assessed by the jury at 50 years. The Court of Appeals affirmed the conviction in an unpublished opinion. We granted the petition for review in order to consider appellant's first ground of error in the Court of Appeals.

Appellant contends the trial court erroneously denied his request to instruct the jury on the lesser...

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