THOMAS v. STATE

No. 65334.

699 S.W.2d 845 (1985)

James Marvin THOMAS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

Rehearing Denied December 11, 1985.


Attorney(s) appearing for the Case

Mac L. Bennett, Jr., Normangee, Byran Russ, Hearne, for appellant.

John C. Paschall, Dist. Atty., D.E. Harris, Co. Atty., Franklin, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.


OPINION

W.C. DAVIS, Judge.

Appellant was indicted for murder. A jury convicted him of voluntary manslaughter and assessed punishment at fifteen years' confinement. The case was tried in Madison County after a change of venue from Robertson County. Appellant raises four grounds of error, contending that the court erred in refusing to charge the jury on criminally negligent homicide, that venue was not proved, that a dying declaration was inadmissible, and...

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