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CLEVELAND v. STATE

No. 04-84-00076-CR.

700 S.W.2d 761 (1985)

Dan CLEVELAND, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

November 27, 1985.

Attorney(s) appearing for the Case

Jimmy Parks, Adams & Hunter, San Antonio, for appellant.

Sam Millsap, Jr., Mark Bindock, Charles Tennison, Emil Holiner, Edward Shaughnessy, III, Crim. Dist. Attys., San Antonio, for appellee.

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

OPINION

CANTU, Justice.

This is an appeal from a conviction for murder. TEX. PENAL CODE § 19.02 (Vernon 1974). After a jury trial, punishment was assessed at twenty years.

The appellant freely admitted that he shot the deceased, Harvey Davis, on the 5th of June, 1983, and that such gunshot resulted in the death of Harvey Davis. However, appellant alleged that the shooting was justified on the basis...

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