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O'BRIEN v. STATE

No. 34834.

365 S.W.2d 797 (1963)

Oscar C. O'BRIEN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied March 13, 1963.

Attorney(s) appearing for the Case

J. B. Sallas, Crockett (on appeal only), for appellant.

Frank Briscoe, Dist. Atty., Lee P. Ward, Jr., and Walter A. Carr, Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.

BELCHER, Commissioner.

The conviction is for murder, with the punishment assessed at death.

The deceased and his wife returned to their home about 10 P.M., September 4, 1961. Shortly after their return they retired for the night. The wife of the deceased testified that about 1 A.M. she was awakened by her husband's voice saying he thought he had been cut and asking her if she had seen anyone come into the room and hit him, and she replied in the negative....

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