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GARDNER v. STATE

No. 3-86-224-CR.

745 S.W.2d 955 (1988)

John Michael GARDNER, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Austin.

Rehearing Denied March 16, 1988.

Attorney(s) appearing for the Case

Daniel H. Wannamaker, Kazen & Ray, Austin, for appellant.

Ronald Earle, Dist. Atty, Honorable James M. Connally, Asst. Dist. Atty., Austin, for appellee.

Before SHANNON, C.J., and GAMMAGE and ABOUSSIE, JJ.

PER CURIAM.

A jury found appellant guilty of murder. Tex.Pen.Code Ann. § 19.02 (1974). The district court assessed punishment at imprisonment for life.

At 1:20 a.m., October 17, 1985, Bonnie Moore heard a scream and a gunshot from the undeveloped field behind her residence in southwest Austin. Moore awakened her husband, Austin police officer Gary Moore. As both listened, Bonnie Moore heard the sound of a car engine coming from the field. Gary Moore and...

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