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GOODWIN v. STATE

No. 13-84-185-CR.

694 S.W.2d 19 (1985)

Ira Marshall GOODWIN, Jr., Appellant, v. STATE of Texas, Appellee.

Court of Appeals of Texas, Corpus Christi.

Rehearing Granted March 7, 1985.

Rehearing Overruled March 28, 1985.

Attorney(s) appearing for the Case

J. Manuel Banales, Corpus Christi, for appellant.

Grant Jones, Corpus Christi, for appellee.

Before BISSETT, UTTER and KENNEDY, JJ.

OPINION

BISSETT, Justice.

This is an appeal from a conviction for voluntary manslaughter under an indictment charging murder. We affirm the conviction, but set aside the punishment assessed and remand the cause to the trial court for the assessment of proper punishment and pronouncement of sentence.

Appellant was indicted for murder and as a habitual felony offender for having caused the death of Warren James Durkee, Jr., by kicking him in the head...

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