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PHILEN v. STATE

No. 66889.

683 S.W.2d 440 (1984)

James W. PHILEN v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

December 5, 1984.

Attorney(s) appearing for the Case

Thomas A. Dunn, Tyler, for appellant.

Melvin D. Whitaker, Dist. Atty., Palestine, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION

ONION, Presiding Judge.

This is an appeal from a conviction for murder. The jury assessed punishment at ten (10) years' imprisonment.

On appeal appellant contends the trial court erred in overruling his motions to set aside the indictment for lack of a statutory speedy trial; that the court erred in overruling his special requested charge on self-defense and the right to shoot and continue to shoot so long as he was in danger; and that the...

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