OPINION ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW
DUNCAN, Judge.
Appellant was found guilty by a jury of murder. Tex.Penal Code Ann. § 19.02 (Vernon 1974). Punishment was thereafter assessed by the jury at thirty-five years in the Texas Department of Corrections. The appellant's conviction was affirmed by the Court of Appeals for the Second Judicial District in a published opinion. Prescott v. State,
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