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WERNER v. STATE

No. 01-83-0069-CR.

680 S.W.2d 858 (1984)

Peter Alan WERNER, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Denied November 21, 1984.

Attorney(s) appearing for the Case

David Berg, Houston, for appellant.

John B. Holmes, Jr., Harris County Dist. Atty., William J. Delmore, III, Norma Davenport, Harris County Asst. Dist. Attys., Houston, for appellee.

Before DOYLE, DUGGAN and LEVY, JJ.

OPINION

DOYLE, Justice.

This is an appeal from a conviction of murder. Punishment was assessed by a jury at ten years.

The record reflects that appellant shot and killed Tarbell Griffin Travis, after Travis allegedly damaged an automobile owned by appellant's friend, Kenneth Netterville.

While visiting at Netterville's residence, appellant saw a car driven by the deceased collide head-on with Netterville's parked vehicle. The deceased immediately...

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