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BUFFINGTON v. STATE

No. 04-88-00605-CR.

801 S.W.2d 151 (1990)

James C. BUFFINGTON, Sr., Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Denied November 30, 1990.

Attorney(s) appearing for the Case

Mark Stevens, San Antonio, for appellant.

Fred G. Rodriguez, Sam Ponder, Julian Lopez, Edward Shaughnessy, III, Criminal Dist. Attys., San Antonio, for appellee.

Before CHAPA, PEEPLES and CARR, JJ.

OPINION

CARR, Justice.

Appellant, James C. Buffington, Sr., was indicted for the offense of capital murder. He was tried before a jury and was found guilty of the lesser included offense of murder. The jury assessed punishment at confinement for life. Appellant appeals that conviction. We affirm as reformed.

On March 20, 1976, Chere Buffington, appellant's wife, was shot and killed. In 1977, appellant was indicted for that killing. He was tried in...

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