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LIVEOAK v. STATE

No. 04-85-00063-CR.

717 S.W.2d 691 (1986)

Leonard LIVEOAK, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Denied September 29, 1986.

Attorney(s) appearing for the Case

Jack Paul Leon, Samuel Bayless, San Antonio, for appellant.

Thomas F. Lee, Dist. Atty., Del Rio, for appellee.

Before ESQUIVEL, CANTU and DIAL, JJ.

OPINION

DIAL, Justice.

This is an appeal from a judgment of conviction in a voluntary manslaughter case prosecuted pursuant to TEX. PENAL CODE ANN. § 19.04 (Vernon 1974).

On September 23, 1981, Leonard Liveoak (appellant) shot and killed Ben B. Ingham, III, during a scuffle in appellant's auto. Appellant claimed he shot Ingham in self-defense because Ingham was choking him as appellant was trying...

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