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RICHARDSON v. STATE

No. 3-85-289-CR.

733 S.W.2d 947 (1987)

Benjamin Franklin RICHARDSON, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Austin.

Rehearing Denied August 12, 1987.

Attorney(s) appearing for the Case

Scott A. Young, Minton, Burton, Foster & Collins, Austin, for appellant.

Ronald Earle, Dist. Atty., Brenda Kennedy, Asst. Dist. Atty., Austin, for appellee.

Before POWERS, GAMMAGE and CARROLL, JJ.

POWERS, Justice.

The trial-court judgment convicts Benjamin Franklin Richardson of involuntary manslaughter, a lesser-included offense of murder for which he was indicted. Tex. Pen.Code Ann. §§ 19.02 and 19.05 (1974). The jury found that Richardson used a deadly weapon during the commission of the offense, and assessed punishment at ten years imprisonment and a $5,000 fine. Richardson was sentenced accordingly. Following the denial of his motion for new...

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