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WALTERS v. STATE

No. 06-05-00014-CR.

275 S.W.3d 568 (2008)

John Arlin WALTERS, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Texarkana.

Decided December 12, 2008.

Attorney(s) appearing for the Case

Clifton L. Holmes, Holmes and Moore PLLC, L. Charles Van Cleef, Van Cleef Law Office, PC, Longview, TX, for Appellant.

Martin E. Braddy, Dist. Atty., Christopher Parker, Asst. Dist. Atty., Sulphur Springs, Lisa McMinn, First Asst. State Prosecuting Atty., Austin, for Appellee.

Before MORRISS, C.J., CARTER and MOSELEY, JJ.

OPINION

Opinion by Chief Justice MORRISS.

Brothers John Arlin Walters and Russell Walters had engaged in a decades-long battle over perceived entitlements to family property and feelings of maternal preference. That battle ended when John shot and killed Russell in a church parking lot in rural Hopkins County.

There has never been any question that John killed his brother. The pivotal question the jury needed to answer in determining John's guilt...

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