STATE v. JOHNSON

No. 0610-95.

939 S.W.2d 586 (1996)

STATE of Texas, Appellant, v. Jay JOHNSON, Appellee.

Court of Criminal Appeals of Texas, En Banc.

November 20, 1996.


Attorney(s) appearing for the Case

Lloyd D. Stansberry, Joseph Hunter, Alvin, for appellant.

Jerome Aldrich, District Attorney, David Bosserman, Asst. District Attorney, Angleton, Matthew Paul, State's Atty., Austin, for State.

Before the court en banc.


OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

MEYERS, Judge.

Jay Johnson, appellee, and Edwina Prosen, decedent, jointly operated the Sweeny Funeral Home, living together in the upstairs portion of the building that housed the funeral home. On September 29, 1991, appellee called the Sweeny Police Department, reporting that decedent had been shot. The police arrived promptly, searched the funeral home and, over the next two-and-a-half weeks...

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